Terms & Conditions

[Julian Hobson]

[b:d9c0c35bb3]Sent this to DWP yesterday:[/b:d9c0c35bb3]

[i:d9c0c35bb3]Can you just confirm something for me ?

Assume I have a case where the Pensioner is not in receipt of PC they are however receiving HB of based on an income of £100.00 per week.

In July 2004 they apply for and receive Pension Credit, and we are notified on 07 July 04 that they have an assesed income figure of £100.50 and savings credit of £5.00 and that this is awarded from 06 oct 03. Would I be expected to input an AIF of 100.50 from 06 Oct 03 calculate an overpayment (whose fault is it by the way) and then make a decision that the SC should only be included from 12 July 04.

If the answer to this is yes, not only is it madness there will be an enormous number of VERY unhappy pensioners out there. From experience I know that no matter how accurate we or the pensioner are in the assessment of income TPS’s AIF will be different to the income we currently use.

Is this really what ministers want ?[/i:d9c0c35bb3]

[b:d9c0c35bb3]Reply Received today:[/b:d9c0c35bb3]

[i:d9c0c35bb3]The short answer is that is not what was envisaged. The regs 68/68B issue is
now becoming so entangled that I need to draw breath and go back to the
lawyers and ask them for a reconsidered opinion – not least to get correct
the further guidance I mentioned yesterday.

The problem is that the lawyer who gave the original advice upon which our
advice to LAs is on leave (and has been for some time), due to return on
Monday. No doubt then there will be a pile of work for him. However, I’ll
approach my boss to arrange a meeting with the lawyers asap next week.

Either that or I’m going to retire permanently to my local boozer.[/i:d9c0c35bb3]

[b:d9c0c35bb3]I take it from that response that we are getting somewhere!

Mark – do you feel any better ? [/b:d9c0c35bb3]