Reply To: It’s out!


Curiously enough, I think the non-dep deduction for someone on Pension Credit is one thing that [b:8a019ed7ad]has[/b:8a019ed7ad] been done properly, with very economic drafting that kind of restores faith.

First, the new SI is universal in its application: it does not just amend for obver 60s, it amends for anyone to whom the amended legislation applies.

Regs 3 & 4 of the new SI amend the main HB and CTB Regs, for everyone as I see it.

By amending the definition of remunerative work in the main regs, the new SI at Reg 3(2) and 4(2) ensures that any non-dep who gets Pension Credit is treated as not in remunerative work. In HB, that’s enough to apply the minimum non-dep charge to all PC recipients. In CTB, a further amendment is made in Reg 58(2) to say that a non-dep on PC attracts no deduction unless they are in full time work and only treated as not in work by virtue of Reg 4(5) as amended. As I read it, this puts a working non-dep on PC into the default £2.30 bucket: not treated as in work, but not covered by the complete exemption either.

And that seems to apply to non-deps in any household, irrespective of the claimant’s age.

Good minimalist drafting, I say.

But I’m not so convinced about some of the other difficulties that these new Regs are supposed to put right:

– the whole 6 October v 13 Ooctober thing
– the scope of the changes delayed by the 26-week non-dep rule (just the charge, or other stuff too?),
– the question whether there are two changes to apply when Pension Credit is awarded/stopped/changed (just the PC change itself, or the underlying change in income/family make-up etc)

On a superficial skim-reading, it looks to me as if it’s as-you-were on these questions. Hoping I’ve read too quickly …