Terms & Conditions

[Anonymous]

Scenario: Pensioner cuple in receipt of Savings Credit apply for HB/CTB and we backdate their claim automatically to their 60th birthday. In February this year they start getting another private pension and their entitlement to Savings Credit ends. We suspend their claim and send them a new form to complete with their new income details. they do not return it, and we terminate the claim under DMA Regs. However, in July, they put in a new claim form and it looks like they will qualfy for some HB, if not CTB.

Question: Do we have to automatically backdate to the date the previous claim was terminated? Or do the DMA Regs take precedence, which means we would have to consider good cause?

It somehow doesn’t seem right that they should have a second automatic backdating.

[David]

You would need to ‘backdate’ automatically, provided you have income/capital details etc for period in question

[APT]

Without getting into the history of the claim too much, as you have a new claim the provision for paying the previous 12 months (or back to the previous termination date) applies.

Withouth wanting to sound too pedantic or that I’m having a go at you – it’s not backdating, it’s the claim date. 🙂

[Darren W]

I recently asked The Adelphi this question their response was that yes they do get the backdate again.

It seems that Reg 64(1) of the HB PCR Regs and Reg 56 of the CTB PCR regs over rule the DMA regs.

[Author]

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