Terms & Conditions

[simonh]

this maybe a stupid question but I’ve got to the point today where I cannot see the wood for the trees.

We are finding that a number of claims are being submitted following the recent HBMS take up exercise where the clt has in excess of £16,000 capital, but the amount quoted in the AIF is less than this. Now when there is a change of circumstances that takes someones capital over this amount we are entitled to supercede our earlier decision even if TPS don’t alter the AIF. But, in these cases there hasn’t been a change. Can we use the capital amount supplied to us by the claimant or must we use the figure quoted by TPS?

[Anonymous]

Good one this !

I would say that the HB/CTB claim can be input based on AIF using usual rules for 52 wks etc. BUT HB/CTB period to be cancelled from the date the authority can establish that capital exceeded £16,000.

[Anonymous]

I think you are lumbered with the Pension Service assessment. HB Reg 23(1) says:

“the relevant authority shall … use the calculation or estimate of the claimant’s … capital made by the Secretary of State”.

Reg 23(7) & (8) allows you to substitute your own calculation of capital where “subsequent to the [AIF assessment] the claimant’s capital rises to more than 16,000…”

I think this means that there must be a change in the amount of the claimant’s capital from less than 16,000 to more than 16,000. It does not allow the council to override the AIF at a time when the Pension Servcie considers the capital to be less than 16,000. This rule exists purely because of the AIP rules in Pension Credit, which would delay the effect of such a change for several years. There is absolutely no scope for the Council to take a different view from the Pension Service at the outset.

[Author]

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