Period of capital disregard arrears of state benefit Pensioners

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  • #287357
    Julie whiston
    Participant

    Hi

    This query relates to the period which capital held as a result of a payment of arrears of state benefit not over £5000 ,or due to official error, falls to be disregarded for pension age claimants.

    While for working age customers such arrears can only be disregarded as capital for 52 weeks Is such capital as a result of arrears of benefit disregarded permanently for Pension age claimants?

    The title of Schedule 6 of the Pension Age regulations refers to capital generally disregarded and Paragraph 21 of Schedule 6 of the Pension age regs does not stipulate a maximum period for which the capital referred to in paragraph 21 can be disregarded in contrast to paragraph 9 of schedule 6 of the working age regs.

    Therefore is it correct that any capital held by a claimant as a result of a payment of arrears of benefit which was for an amount less than £5,000, and not due to official error can still be disregarded permanently for pension age claims? where such capital would only be disregarded for 52 weeks for working age claims.

    Or alternatively does the fact that the capital disregards outlined paragraph 21 of schedule 6 of the Pension age regs are subject to Paragraph 22 of the same schedule, mean that such arrears payments outlined in paragraph 21 are only disregarded if the clauses of paragraph 22 (1) or (1A) Apply?

    The fact that paragraph 21 (1) (d) separately provides for a disregard of payments to rectify, or compensate for, an official error, of less than £5000 leads me to lean towards the first reading because all the clauses of paragraph 22 (1) or (1A) refer to amounts of over £5000.

    The term subject to Paragraph 22 in paragraph 21 (1) thereby indicating that paragraph 22 overrides paragraph 21 in the situations outlined in paragraph 22 (1) and 22 (1 A). Rather than that the payments outlined in paragraph 21 (1) are only disregarded if the provisions of paragraph 22 are satisfied.

    Many thanks for the benefit of your expertise if you can clarify this matter for me.

    All the secondary sources I have looked at so far seem to say that the capital as a result of a payment of arrears of benefit, not more than £5000, and not due to official error can only be disregarded for 52 weeks and do not differentiate between pensioner and working age claimants.

    Best Wishes

    Julie

    #287359
    Julie whiston
    Participant

    Hi

    i have since solved this issue myself. There is a 52 week limit to the disregard from arrears of benefit under £5000 not due to official error in the pension age regs. It is just stated in paragraph 18 of schedule 6 rather than paragraph 21 of Schedule 6.

    Best Wishes

    Julie

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