Effective date of claim and first day of entitlement

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  • #20283
    Anonymous
    Guest

    Can anyone help please?

    I am trying to get my head around the old and new regs for pensioners concerning effective date of claim and first day of entitlement :15:

    Am i right in thinking :

    [b:3f3cee9856]Old Regs[/b:3f3cee9856]
    [b:3f3cee9856]Claims received prior to 04/10/04.[/b:3f3cee9856]
    Any HB/CTB claim rec’d after 06/10/03 from a claimant aged 60+ can be treated as made on 06/10/03 or the date of their 60th birthday and the first day of entitlement would be the following Monday. But this is only if they would have qualified continuously for HB/CTB from 06/10/03 or the date of their 60th birthday, otherwise normal date of claim rules apply.

    [b:3f3cee9856]Examples:[/b:3f3cee9856]
    Claimant aged 65
    Claim rec’d 01/09/04
    Claimant would only qualify for HB/CTB from 05/04/04
    Date of claim would be 01/09/04
    First day of entitlement would be 06/09/04

    Claimant aged 60 on 01/04/04
    Claim rec’d 01/09/04
    Claimant would be entitled to HB/CTB continuously from 01/04/04.
    Date of claim would be 01/04/04
    First day of entitlement would be 05/04/04.

    [b:3f3cee9856]New Regs[/b:3f3cee9856]
    [b:3f3cee9856]Claims received after 04/10/04.[/b:3f3cee9856] (this is the part i am really not sure of)
    Any HB/CTB claim rec’d after 04/10/04 from a claimant aged 60+ can be treated as made 12 months earlier or on the date of their 60th birthday or on the date they would have qualified for HB/CTB. And the first day of entitlement would be the following Monday.

    [b:3f3cee9856]Examples:[/b:3f3cee9856]
    Claimant aged 65
    Claim rec’d 01/11/04
    Claimant would qualify for HB/CTB from 01/11/03
    Date of claim would be 01/11/03 ??
    First day of entitlement would be 03/11/03 ??

    Claimant aged 65
    Claim rec’d 01/11/04
    Claimant would only qualify for HB/CTB from 01/04/04.
    Date of claim would be 01/04/04 ????
    First day of entitlement would be 05/04/04 ?????

    Thanks in advance 😀

    Kevin

    #2629
    Anonymous
    Guest

    That sounds pretty close to me. Certainly how we see it 8)

    #2630
    Anonymous
    Guest

    Kevin –

    On a picky point, the Pension Credit take-on period ran from 6th October 2003 to 5th October 2004, during which time HB/CTB claims from pension age claimants could be treated as made on 6th October 2003 (or 60th birthday etc). The new “backdating” rule woud therefore apply to claims made on or after 6th October 2004, not 4th October 2004?

    #2631
    Anonymous
    Guest

    Andy

    Of course you a right.

    I had been reading circular A29 & i must have picked up 04/10/04 (qualifying age for State Pension Credit) in error – it was getting late.

    Thanks
    Kevin

    #2632
    APT
    Participant

    In relation to your second set of examples, if the reason they start to qualify on those dates is due to a new liability (probably from moving into a property) then benefit entitlement can start from the Monday or day of the week, dependant on liability. See paragraph 21 of A29

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