Terms & Conditions

[Anonymous]

My head really hurts this afternoon and I’m sure this is really simple but if Saving Credit entitlement starts 6th October does this mean that it takes effect from 13th October.

I seem to remember that we should always try and pay from the 6th October however I am just concerned that if I put the 5th October 2003 on IWORLD it will try to go back to 29th September.

Help. 😕

[Anonymous]

It should be simple, but it’s not.

Last time I looked, the “two changes in one week” rule only applied to changes covered by Reg 68. But the award of SC (with or without its accompanying AIF? – I’m not touching that with a ten foot pole today) is a change covered by Reg 68B, which is not covered by the two changes rule. Therefore, it would appear that SC takes effect from 13 October even if the claimant had another change (like the new applicable amounts) on 6 October.

But that’s not the end of the story. If you weren’t aware of the SC award in the week beginning 6 October, it doesn’t take effect until the week after you received notice from the DWP (again, the fate of the accompanying AIF is a moot point: see earlier threads ad nauseam DWP lawyers on the case right now).

[Anonymous]

Any other thoughts on this?
Our HB software (IBS) uses a 6th Oct start date for PenCred.

If (as Peter suggests) the two changes rule cannot be used to pin the payment at the 6th, then what is the answer? I have looked exhaustively at the regs, circulars, guidance and cannot find anything which gives special treatment to a new award of Pension Credit.

Reg 68 was specially amended to take account of TAX creds and give a start date of 6th April. What about PenCreds?

Another thought is that 68B is not tailor made for this situation because the opening para says:

[color=darkred:0457bd188c]”Paragraphs (2) to (8 ) apply where –
(a) the claimant is also [b:0457bd188c]on state pension credit[/b:0457bd188c];
(b) the amount of state pension credit awarded to him [b:0457bd188c]is changed [/b:0457bd188c]in consequence of a change in the claimant’s circumstances or the correction of an official error; and
(c) the [b:0457bd188c]change[/b:0457bd188c] in the amount of state pension credit payable to the claimant results in a change in the rate of housing benefit payable to the claimant.”[/color:0457bd188c]

My reading of this is that is does not cover a new award – just a changed award. Admittedly paras 5 and 6 seem to talk about a new award, but read together with the opening section it can’t mean that – unless the reg is badly written.

Anyway – don’t worry, the DWP says that Pension Credits are simple to claim AND administer. 😉

[Anonymous]

The advice we have received from the Adelphi is that we should pay these from the 6th October 2003. SX3 have also amended their software so that if you put in an income of Guarantee Credit or Saving Credit from 6th October it runs from the 6th October not the 13th October. We are having to end the old income amounts from Saturday the 4th.

Dont ask

[simondoyle]

Peter,
Regarding your query about reg 68B being badly written. Have a look at Reg 2 para 12(b) of SI 2003/2275 which changed “(2) to (8)” to “(2) to (4)”

[Darren Tompkins]

We are currently using HBIS. When we noticed that PC regs causing an increased award from 06OCT03, but SC only effective from 13OCT03 we checked with Anite. They stated that this was correct and that it had been checked with the Adephi (unfortunately I deleted my e-mail confirming this). If as Paul states the Adelphi have advise him otherwise then are they giving out conflicting information?

I find it amazing that nearly 6 weeks after ‘A’ day we’re still as confused about the basic rules and most LA’s / software suppliers are working differently.

[Author]

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