I don’t agree with the answer in Q283 and have today raised with DWP again.
I don’t see how 68(1) does anything to end BP’s where there is no BP ! and therefore Jans question is perfectly reasonable. Reg 69(4)(c) and (5)(c) are relevant but don’t say what happens in subsequent weeks in the absence of reg 67.
The only termination provision for pensioners is now reg 14 of the DMA regs and it is unlikely to apply in the cases we are referring to.
I think the current position is that the BP persists and so there will be no need to reclaim if you are a pensioner, all future interaction with a pensioner once HB is awarded will be change of circs, and none of those will end the BP (not even death).
waiting to be proved wrong now !!!
