Changes of circumstances

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    HB Reg 75 and CTB Reg 65, as amended by Reg 24 of the HB/CTB (SPC) Regs, list the changes of circumstances that an HB/CTB claimant on pension credit must report to the LA.

    Pension credit starting or stopping are not changes that appear on the list. Does this mean there is no duty to report these changes to the LA?

    The answer given to question 164 of the External Question Log (that the changes listed are additional to the normal changes that must be reported) is clearly wrong in view of paragraph 7 of the amending Reg 24.
    The PC Handbook Appendix C Q7 says ‘There is still an obligation upon the claimant to report Pension credit ending to the LA.’ The answer to Q 273 suggests that there is no such obligation, but fails to address the question of pension credit starting.

    It seems to me that it would indeed be illogical to say the claimant has a duty to report PC starting or stopping to the LA, as the rules for actioning these changes (where they decrease HB) are in most cases dependent on the date the change is notified to the LA by the Pension Service.

    On the other hand, if pensioners are not encouraged to tell the LA they are on PC and they do not tell the PS they are on HB (many council tenants do not think of themselves as receiving any HB) there is no reason for the PS to notify the LA and nothing to prompt the LA to seek information from the PS. In the absence of renewals, awards of PC may never be picked up by the LA.

    What do other people think?


    I agree with you Jan. I wonder whether regs 75(5) and 75(6) as amended are due to be amended again to make the ending of PC a reportable change.

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