Terms & Conditions

[Mark]

Well – here’s the answer and another follow up query from me:

“All the provisions of the HB/CTB(State Pension Credit) Regulations (SI 2003/325) apply to claims only where a person, either the claimant, or where appropriate , the partner, has attained the qualifying age for State Pension Credit (currently 60) and no one is in receipt of Income Support or income-based Jobseeker’s Allowance. Thus, if the person does not meet those criteria, none of the provisions of SI 2003/325 apply; obviously this will include the non-dependant deduction provisions.

With regard to the amount of the deduction, you have not got it quite right. See the answer to question 199 in the external questions log (part 2), on the HB part of the DWP website, which sets out all the deduction rates.”

“Thank you for your swift reply. The reference to Q.199 in the external questions log is useful. I assume that your reference to me getting the rates wrong is because of the difference between a minimum HB deduction and a nil CTB deduction for PC recipients who are not in remunerative work. Unfortunately I am still confused so I would be grateful if you could answer the following:

a) Are you saying that the “any person” reference in regs 2(1) and 12(1) only refers to claimants and partners?

b) If so, where and how have the CTB regulations been changed to ensure that current non-dependants who get MIG will still have a nil deduction applied for them when they get Guarantee Credit instead?

c) Is it the policy intention and the effect of the regulations that the special rates of deduction for non-dependants who get Pension Credit do not apply unless the claimant or partner is also a pensioner.

d) When can we expect the amended legislation referred to in Q199? Is this the amendment that fixes the problems associated with my other questions?

e) What is the “summer amendments” list referred to in Q199 and where can I get a copy?”

Watch this space – or tell me if you know the answers!