delayed changes for non-deps

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 4 posts - 1 through 4 (of 4 total)
  • Author
    Posts
  • #38781
    tracycox
    Participant

    Please can someone help. We don’t get many of these cases – a non-dep’s earnings have increased and the claimant is over 65 – as this would increase the level of deduction this should be disregarded for 26 weeks. However, we are having a bit of a disagreement about this in the office – when i have tried to assess this on academy system – it takes the non-dep deduction out completely from the date the wages increased.
    My thoughts are surely it should keep the current rate of deduction and not increase it until the easement date instead of taking no deductio – if i am correct does anyone know how to do this on academy!

    My colleagues thoughts are that the deduction does come out for the 26 weeks.

    Can someone please tell us who is right!

    Thanks

    #109616
    Kay_Tade
    Participant

    [quote=tracycox]My colleagues thoughts are that the deduction does come out for the 26 weeks[/quote]

    Regulation 59 Date on which change of circumstances is to take effect

    :~ There is no ambiguity in HBR 60+ 59 (10)

    (10) Paragraph (11) applies if—
    (a)the claimant or his partner has attained the age of 65; and
    (b)(ii) there has been a change of circumstances in respect of a non-dependant so that the amount of the deduction which falls to be made under regulation 55 (non-dependant deductions) increased.

    (11) Where this paragraph applies, the change of circumstances referred to in paragraph (10)(b) shall take effect from the effective date.

    (12) In paragraph (11) but subject to paragraph (13), “the effective date” means—
    (a) where more than one change of a kind referred to in paragraph (10)(b) relating to the same non-dependant has occurred since—
    (i) the date on which the claimant´s entitlement to housing benefit first began; or
    (ii) the date which was the last effective date in respect of such a change;
    whichever is the later, the date which falls 26 weeks after the date on which the first such change occurred;
    (b) where sub-paragraph (a) does not apply, the date which falls 26 weeks after the date on which the change referred to in paragraph (10)(b) occurred

    #109617
    tracycox
    Participant

    Hi
    Thanks for this – trying to work out the reg you have quoted so basically am i right in thinking that the deduction increases from 26 weeks time and stays at the level it is for now???!?!

    Thanks

    #109619
    Kay_Tade
    Participant

    Yes it does.

Viewing 4 posts - 1 through 4 (of 4 total)
  • You must be logged in to reply to this topic.