Reply To: Extended Payment

#8661
Anonymous
Guest

Having gone away and read the regs – my solution is as follows (sorry for old reg references haven’t had time to look up new regs):

Old reg 68 – ([i:8d4ae2d5fb]date upon which change of circumstances is to take effect[/i:8d4ae2d5fb]) states that where a change is cessation of entitlement to benefit, the date on which the change occurs shall be the day immediately following the last date of entitlement to that benefit.

This suggests that the logic behind the regs and therefore behind old reg 65A ([i:8d4ae2d5fb]date on which HB is to end[/i:8d4ae2d5fb]), is that entitlement to benefit ‘ceasing’ refers to the last date of entitlement to that benefit and not IMHO as Kevin’s quote suggests the first day of non-entitlement – old reg 68 merely being a deeming provision directing us to treat the the change as if it occurred on the day after the last day of entitlement.

My view is that where someone meets the conditions of entitlement to an EPP – old Reg 65A would kick in to terminate their HB before Reg 68 could take effect.