BACKDATING pension credit rules + CTB backdating Reg 62

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 10 posts - 1 through 10 (of 10 total)
  • Author
    Posts
  • #20336
    Jacqui Fowler
    Participant

    Can anyone help please.

    We recived a claim form on 18 May 2005. Customer gets Guaranee Credits. She has savings over £16,000 but thats ok. We paid her claim from 24 May 2004 (i.e for the previous 52 weeks. Customer has also asked for backed benefit from 6 October 2003 on the grounds that she was told when she rang up in October 2003 that if she had capital of more than £16,000 she could not get CTB. This was why she did not claim earlier.

    Can we use the normal backdating rules to consider paying her from October 2003 to 24 May 2004 as well as backing for the 52 weeks which Pension Credit Regs allow us to do. I think we may be able to do this because we have treated her claim recoved on 18 May 2005 ans being made 52 weeks earlier. Any help or advice would be appreciated. There is nothing to say we cannot do this, not is there anything to say we can.

    #2758
    Anonymous
    Guest

    As per CTB reg 62(16)(b) the maximum you can go back on backdating is to the day 52 weeks before the date the claim for backdating was made.

    Assuming the request was made on 18/5/2005 that means you can only consider backdating from 19/5/2004 and an award from 24/5/2004, which you have already done through another provision.

    #2759
    Jacqui Fowler
    Participant

    Thanks for that but, if we are treating the claim as being made 52 weeks earlier than it was (under pension credit regs, i.e received 18 May 2005 treated as made 19 May 2004) Can we then not say the claim was made on 19 May 2004 so we can backdate from up to 52 weeks from that date.

    Its a long shot I know

    #2760
    Jules
    Participant

    Circular A29/2004 covers the new time periods for claiming for pensioners.

    It states that the new provisions apply to people who have reached the qualifying age for PC. The backdating provisions will only apply if the customer/partner become 60 during the 52 weeks prior to the date they made the claim. They will then need to show “good cause” for the whole of the period.

    I can’t see anything to suggest that backdating can be considered prior to the 52 week entitlement period that you can grant automatically so I think that benefit will start from 24/5/2004.

    #2761
    Anonymous
    Guest

    Jacqui – the main point is when the claim for backdating was received not the date the claim is treated as made. The 52 weeks starts from that date only, Sorry… but I just dont think you can bend the rules – although I understand why you want to!

    #2762
    Julian Hobson
    Participant

    Was she a MIG conversion case or did she apply for PC after October 2003, do you know? Can you find out whether she has ever had a visit from you or Pension Service Local Service team

    Who did she ring in Oct 2003 and why did she ring then as opposed to any other time?

    See if you can find out and we will go from there.

    #2763
    Anonymous
    Guest

    Julie is right, the date that counts is the date the claim for backdating was actually received, not the date the main claim was treated as made from.

    #2764
    Jacqui Fowler
    Participant

    I have now received a reply from the DWP which I thought you may be interested in

    DWP reply

    This is an unfortunate case to say the least. What I’m clear about is that the reg 62(16) provision won’t get you out of jail on this one, as it does not run sequentially to the auto 12 month backdating provision for pensioners (that is, you can’t use the auto backdating and then use the good cause provision to go back further than that).

    I need to ask others here about the possibility of using the D&A regs to plug the gap, but before I do that I need to know a bit more – was there a claim for CTB back in Oct 2003, or is there any record of the claimant contacting you at that time? My feeling is that if this person was newly entitled to Pension Credit from Oct 2003, then she should have been given a HB/CTB claim form by the Pension Service at that time. Also, if she was entitled to the guarantee credit from 6th Oct 2003, it’s unlikely (though not impossible) that she would not have had entitlement to MIG before then.

    Gary Rodgers

    #2765
    Julian Hobson
    Participant

    Jacqui – it looks as though gary is looking for the same sort of resolution that I am. Do you know the answers to my questions ?

    I would have expected that the customer would have had the opportunity to complete an HB/CTB claim at some point. Whether they did/didn’t, why and when are really crucial to any solution.

    DWP have a little known code of practice “financial redress for maladministration”, if it were their bad advice then perhaps they should “foot the bill”.

    You too should have a scheme for compensating those who have lost out, if it’s the LA’s fault then the LA should pay out of your own funds.

    #2766
    Jacqui Fowler
    Participant

    Final reply from the DWP is attached.
    Julian

    The customer did not make a claim for CTB in October 2003. She did make a claim for Penion Credit though. She completed the form herself with no help from the Pension Service. We have no records that she contacted us, but that is normal, we do not at this stage record all calls. I think I am just going to go with we cannot backdate the claim beyond the 52 weeks and see what happens.

    Thanks to everyone who has taken the time to give advice on this one.

    CTB Reg 62BA (introduced by SI 2004/2303) does give you the power to go back 12 months, but no further. You can’t tag a further 12 months backdating onto that due to the way that reg 62BA is constructed – that is, it in effect gives the claimant 12 months in which to make the claim – it does not treat the claim as made from an earlier date. Therefore under reg 62BA, the claim date will always be the actual date the claim was made. Due to that fact, there is nothing in existence claim-wise upon which to hang a further 12 month backdating. This was always the policy intention – ie to provide a more automatic way of paying up to 12 months worth of HB before the claim was received rather than relying on 12 months backdating (which in turn depended on continuous good cause). It was never the intention to allow 24 months backdating.

    Where you go now, given there is no way out via the regs will be up to your LA.

    Sorry this couldn’t be of more help.

    Gary Rodgers
    HBSD

Viewing 10 posts - 1 through 10 (of 10 total)
  • You must be logged in to reply to this topic.