Reply To: Pensioner claim or working age claim

#1936
Mark
Participant

Without a great deal of confidence this is the way I read it:

The HB/CTB regs as they apply to pensioners apply to all HB/CTB claims where the claimant or partner is 60 or over regardless of which is the claimant and which is the partner. It only matters that one of them is 60 for the new provisions to apply in their entirety (benefit periods, income calculations et al). The only exceptions to this is where (as discussed in a previous thread) one of the couple gets IS or JSA(IB) in which case that will be a claim under the existing provisions (Regs 2(2) and 12(2) of SI 2003/325).

My rationale for this is as follows:

1) Reg 2(1) and 12(1) of SI2003/325 and Reg 2(1) of SI2003/1338 all say that the regs apply in the case of [b:e731a74d3f]any[/b:e731a74d3f] person who has reached the qualifying age for state pension credit. This age is further defined in all these regs as 60 for everyone (although becasue of the increase in the state retirement age this will change to 65 from the year 2020. Zager and Evans would be proud.

2) New Regs 21 and 13 as inserted into the HB/CTB regs by SI2003/325 say that all references in the new income/capital regulations to “claimant” also means “partner”.

3) The regs don’t make sense unless you read it all this way!

I sincerely hope that this is correct but I am unlikely to put up much of a fight if someone wants to put me straight. I am hardy inspired with confidence by the fact that the DWP guidance appears to contradict my view.

Isn’t it insane that with 2 months to go questions like this are still so hard to work out?