Reply To: The scan


I think you have discovered an intriguing bug in the legislation. Reg 68(4) should have been amended to include the words “…or Reg 68B” in the list of coinciding changes. That would have been enough to pull everything back to 6 October. But that’s not the way it is at the moment.

So lets have a look at what we’ve got.

Reg 68B(1) appears to confine the Reg to cases where Pension Credit is already in payment and then changes, so as Julian says this is unlikely to affect anyone as quickly as the week beginning 6 October. But once again, the drafting is confusing: paras (5) and (6) read to me as if they are concerned with new awards of Pension Credit to people who weren’t already getting it. If that is correct, then Reg 68(B)(5) & (6) would presumably apply to awards commencing in the week beginning 6 October? That would mean Monday 13 October.

Nevertheless, all pensioner claimants will have to be reassessed from 6 October under the new standard means-test rules in any case: anyone who would be better off under the new means-testing (e.g. over 65s or anyone with tariff income) is going to be affected by a change in the Regs. That must be picked up under Reg 68(3)(b). So they all get the benefit of the more generous means-testing from 6 October. But people who are awarded SC only will then have to have the SC included as income, and other income tweaked to match the AIF, from Monday 13th in accordance with Reg 68(B)(5).

Common sense says do the whole lot from 6 October. You would have to be the most wilfully officious auditor to criticise any council for doing that.