Reply To: Pensioner claim or working age claim

#1941
Mark
Participant

Firstly, I am now pretty convinced that my earlier thoughts in this thread were correct – (not the later doubt though!).

Secondly, I think that Peter raises a valid point and I wonder whether there is a drafting error in the regs. If the intention of the revised non-dep deduction figures for PC recipients was to apply this in relation to all non-dep PC recipients (regardless of the age of the claimant/partner) then it doesn’t seem that the regs actually do this.

Regs 2(1) and 12(1) of SI2003/325 demonstrates that the regs apply to “any person” who is a pensioner but Regs 2(2) and 12(2) immediately excludes the new regs from applying to IS/JSA(IB) recipients.

The way I see it, therefore, the special Non Dep deduction rate for PC recipients may only apply if the claimant or partner is also a pensioner – but definitely doesn’t apply if the claimant or partner gets IS/JSA(IB).

Unless anyone convinces me here that I have missed something then I’m taking this to the Adelphi next week. Is there some other SI that I have missed or that is being prepared right now?