DATE OF NOTIFICATION

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  • #20204
    Anonymous
    Guest

    I wonder if anyone can help with this problem.

    Although we did not receive an ETD from the Pension Service, when RAT was checked in Oct 03, we saw that there was continuous Income Support to Pension Credit Guarantee in payment for a customer. Therefore we continued HB based on Pension Credit Guarantee.

    We never received a Pension Credit award ETD. Neither did we receive an end of entitlement to Pension Credit ETD, but when the RAT has been checked again following the customer completing a new form that did not mention Pension Credit, there is no mention of a PCG award on RAT entitlement, (only a mention on the notes that income exceeds) and the end of Income Support was within the week of PC conversion. Income on standard claim shows exceeds PCG.

    Can anyone tell me what the date of notification is to end the Housing Benefit entitlement based on PCG.

    I have read the regulations, and they seems to all imply the date of notification by the Pension Service. Does this mean that in future, the RAT should not be used to take information of awards etc from?

    The HB interest indicators are set on the RAT for this case.

    #2365
    nickw
    Participant

    An interesting case, and on talking to my change staff not one we have come across. The onus does seem to be on the Pension Service to notify authorities of a change, and I would agree that we should normally use the date of notification from them. From the details you provide it implies that they originally allowed PC, but then found that the entitlement was wrong. If they have an HB interest indicator on their system there is no excuse for not telling you, and so I would suggest there is an argument for coding the overpayment, up until the date you became aware of the change, as DWP error and not recovering it. Once you are aware, however, any further delay would be LA error. I stand to be corrected however!

    #2366
    Julian Hobson
    Participant

    If there was no notif from PS then there is no OP as you only action the change from when they informed you (or you found out), A11/2004 says that they will tell us if it was the customers fault (and I don’t think it was in your case).

    In a nutshell treat the day you found out as the date of notif, change income from that date and if there is then anb OP treat as LA error and make a decision on recoverability.

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