Terms & Conditions

[JamesPickering]

Claimant receiving HB from 2001.

Last reviewed in 2002 and not had an intervention since the abolition of Benefit Periods.

Last info held is that she has £4000 in Capital.

Claimed PC(SC) in September 06 and awarded it back to December 05 but with a tarriff income of £19.00 per week (£24k Capital).

Do we knock her out of HB now as the award of PC will reduce her Benefit or go back to when Capital exceeded £16K i.e. December 05 or earlier.

We have also found out the claimant has been awarded AA from Dec 05 but never advised us.

Any opinions?

J

[Kevin D]

Not 100% sure of my ground on this, but here goes….

[b:5c064bb214]HBR(SPC) 60(5)[/b:5c064bb214] appears to apply.
new.hbinfo.org.com/menu2/pchbregs06/060_06pc.shtml

There is no question of HB being increased – the cap level means that only a decrease could possibly have occurred. So, AA will not have any effect (retrospectively).

My view is that, due to the cap level, HB/CTB is zero from the Monday after the LA received notification from the Pension Service.

The only basis for going further back on the grounds of excess capital would be if you can establish a fraud element (law should not be contrued so as to enable a person to profit from his/her dishonesty).

Regards

[amandathomas]

IF a customer reaches the qualifying pension age on 6/9/12 does the tarriff income change from the 6/9/12 or the following monday ?

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