A29/2004 – backdating 52 weeks

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  • #20326
    ig2kbar
    Participant

    Bearing in mind A29/2004, and the “backdating” of a claim 52 weeks from he date they claim, using income for last 52weeks etc, etc, has anyone come across this scenario??
    Pensioner claim March 2005, the LA use his income for last 52 weeks from March 04 – he qualifies from March 04 to July 04 ONLY as he gets an increase in his Private Pension (in July 04) he is a ‘non qualifier’ until November 04 when his income changes again and he would qualify – how would you treat this???……what do you think? 😀

    #2726
    APT
    Participant

    Not come across that scenario as yet, but my thoughts are…

    Use the claim form you already have for the Mar – Jul 04 period, then get a separate form for the Nov period (no rush, he’s got another 7 months to make this claim 😉 ).

    I’m trying to think of ways that you could do it with just the singular form but I’m struggling to come up with ways to do it. The only option that I’m seeing a potential argument in is the fact that you have not yet decided the claim, and whether a known period of nil-entitlement can be taken account of.

    If you had superseded the award to nil then you must have a new claim to award benefit for a later period but in your case there is no award to supersede. Not convinced myself, hence my advice to get a second form.

    #2727
    Andy Simpson
    Participant

    Sorry, I’m a bit late on this one. I haven’t previously had any involvement with pensioner HB claims but there is a chance I’m going to move over to dealing with them so I’m trying to brush up.

    Reading Zebedee & Ward (5.67 page 70) the suggestion is that HB entitlement would have to be continuous from date of eligibility to date of claim. That would suggest that in the example given the claim should only start from March ’05.

    Now I fully accept that I’m probably wrong but can anybody clarify?

    #2728
    Stalbansbenefits
    Participant

    Zebedee and Ward is referring to the old version of Reg. 29. This was amended in October 2004 (I think). The requirement that the claimant be entitled to HB/CTB continuously throughout the ‘back-date’ period no longer applies.

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