Reply To: Pensioner claim or working age claim
AnonymousI seem to be going round in circles, trying to decide whether the new rules apply where the hb claimant is the non pensioner and the partner is.
Reg 2(1) of SI 325 states ‘person’ and the exception at 2(2) states claimant or partner on IS/JSA(IB). Why couldnt they both say claimant or both say person.
In the question and answer log Q94 states they are working age and you may advise them which should be claimant, Q113 states new regs, Q125 confirms new regs and Q136 states working age. I think these answers are confused also as some are referring to the abolition of benefit periods aswell as the new HB PC regs.
I am probably missing something obvious but I am not confident in answering the question whether the new regs apply to a claimant under 60 and partner over., not on IS.
All that being said, in answer to simondoyle I would say that you are required to use the calculation of the AIF in the Hb claim.Reg 23 of SI 325. The figure will have been assessed using the PS assumed income from capital. Since we just use their figures our capital rules do not come into it.
I hope someone out there replies and confirms whether the new regs apply or not and points me in the right direction. I also consider that the AIP and the AIF are two seperate things. The PC regs state that an AIF can be adjusted during the existence of the AIP. However, they are also linked in that if a persons circumstances(retirement provision) is not likely to change an AIp will be set for 5 years.
Anyway, I obviously do not know what I am talking about, role on amendment 2 to the handbook which will give a detailed, completely understandable version of the new regs. 😕