Reply To: Quick consolidated regs query


Well, this is what I can’t quite get my head around…the regs in force at the time the decision was made were the HB (Persons who have…etc) Regs 2006. But the claimant only reached age 60 in October 2005, whereas the overpayment period ended in May 2005. I can’t apply the HB (Persons who have…etc) Regs to someone under the age of 60, so working age regulations should apply to the period of the overpayment…? Or not?

In this case it’s a technicality, as the decision would be the same regardless of the claimant’s age. But in a case, say, where a person of working age had a standard claim, then became entitled to Guarantee Credit on their 60th birthday, and was then found to have been overpaid for a period during the working age award period (say, due to an undeclared increase in earnings), it’s going to make a difference, isn’t it?