Claim/effective date

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  • #31659
    Amanda Gordon
    Participant

    Hi

    I would appreciate any advise – we have a customer who applied at the Pension Services on 24.6.10. This has been awarded from 29.3.10.

    The Customer has not received HB for sometime and when we received the ETD on 25.6.10 we then sent out a new claim form that was returned on 24.8.10.

    There is a dispute about when entitlement based on PCGC should start – either 3 months from the receipt date of the new claim form or from the date that the Pension Service awarded PCGC.

    Thanks for any help

    #88543
    Anonymous
    Guest

    Hi Amanda,

    I believe you’re looking at two different things here. Auto backdating and entitlement based on PCGC.

    The general rule of thumb is that HB/CTB entitlement should start from the Monday following date PC starts. In your example, it would appear that the Pension Service have agreed to backdate their GC claim from 24/6/10 to 29/3/10. Therefore HB/CTB should be awarded from the Monday following – 5/4/10.

    The autobackdating covers the three months(13 weeks) preceeding the claim for HB/CTB (which I assume you will take as being the date PCGC claim date 29/3). This is an automatic entitlement & the claimant need not apply for it.

    As a claim for HB/CTB (to quote Zeb Ward & Lister) “covers any period in the 13 weeks before the day the claim is actually received” I believe you should also ask for details of the claimants income for the 13 week period prior to 29/3 and apply HB/CTB from then – but only back to their 60th Birthday!

    Hope that all made sense!

    #88544
    Amanda Gordon
    Participant

    Hi

    Thanks for your advice – it has really helped

    Thanks
    Angela

    #88545
    Anonymous
    Guest

    Was HB/CTB claimed at the same time as Pension Credit? If so your claim date is 29/03/10 and as suggested by Mark you can go back three months prior to that date. HB/CTB would start 04/01/10.

    If the HB/CTB claim was made more than month after the date of the claim for Pension Credit, you are stuck with 24/08/10 as your claim date and you can go back three months from then; HB/CTB would start 31/05/10.

    #88546
    Anonymous
    Guest

    [quote:2a8a58e1ba=”mwigg1″]Was HB/CTB claimed at the same time as Pension Credit? If so your claim date is 29/03/10 and as suggested by Mark you can go back three months prior to that date. HB/CTB would start 04/01/10.

    [b:2a8a58e1ba]If the HB/CTB claim was made more than month after the date of the claim for Pension Credit[/b:2a8a58e1ba], you are stuck with 24/08/10 as your claim date and you can go back three months from then; HB/CTB would start 31/05/10.[/quote:2a8a58e1ba]

    That’s the clincher Michael. However, I think it would be hard to disprove they didn’t claim both. I’ve checked the guidance manual, and it seems that we can/should accept the ETD from Pension Service as confirmation that both were claimed.

    [quote:2a8a58e1ba]IS/JSA(IB)/Pension Credit claimed
    2.370 If IS/JSA(IB)/Pension Credit has been claimed, the DWP office will send form

    NHB (IS), showing whether IS has been awarded
    [b:2a8a58e1ba]NHB (PC), showing Pension Credit has been awarded[/b:2a8a58e1ba], or
    NHB(JSA), showing whether JSA(IB) has been awarded
    Note: [b:2a8a58e1ba]When a claim is for Pension Credit it is likely the Pension Credit and HB/CTB claims were made by telephone with no automatic requirement to subsequently sign a written statement[/b:2a8a58e1ba].

    [/quote:2a8a58e1ba]

    Key word in there is Likely, but I think we’ve all perhaps taken on a ‘good practice’ way of working by sending out an App form or looking for one coming in. I’m not of the opinion that one is required though!

    Also worth noting from the guidance manual: [quote:2a8a58e1ba]for a claimant or partner receiving IS, JSA(IB) or Pension Credit (guarantee credit or guarantee credit and savings credit) [b:2a8a58e1ba]the effective date of the claim is the first day of entitlement to IS, JSA(IB) or Pension Credit (guarantee credit or guarantee credit and savings credit). [/b:2a8a58e1ba][/quote:2a8a58e1ba]

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