Reply To: Severe Disability Premium & Non deps

#1919
Anonymous
Guest

sorry simon, i dont find any clarification from question 37, my concern is that reg 22 of SI 2003/0325 inserted paragraphs (9) and (10) to reg 68 as follows:

(9) Paragraph (10) applies if –
(a) the claimant or his partner has attained the age of 65; and
(b) since the date in respect of which the claimant’s entitlement to housing benefit first began or, if later, the anniversary date –
(i) a non-dependant took up residence in the claimant’s dwelling; or
(ii) the income of a non-dependant increased so that the amount of the deduction which falls to be made under regulation 63 increased.

(10) Where this paragraph applies, the change of circumstances shall take effect from the next anniversary date following the change specified in paragraph (9)(b).

assuming that the anniversary date reference is due to be directly replaced by a reference to 26 weeks, this has the effect that a non-dep moving in on 25 December 2003, shall not take effect for HB/CTB until 24 June 2004. It does not state that it is only the non-dependant deduction that does not take effect for 26 weeks.
Assuming the pensioner continues to receive AA and CA is not in payment. the pensioner continues to satisfy all criteria for award of SDP. if i have mnissed something here, please tell me