First day of entitlement

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  • #20478
    Debbie_Perry
    Participant

    HB(SPC) Reg 64 provides where a claim to HB/CTB is made by a customer who is of pension age the date of claim can be treated as 3 months earlier. Our understanding is that a claim received today 25/2/09 can be treated as made on 25/11/08 and the first day of entitlement would be Monday 01/12/08 as provided by HB(SPC)Ref 57 (assuming all entitlement criteria satisfied). I have been looking at the DWP Guidance Manual – Effective Date of Claim – Pensioners (albeit not updated for the change from 12 to 3 months) and the example given is as follows:-

    [i:b9a61c74c7][b:b9a61c74c7]Example 1
    Customer entitled to HB/CTB on 6 December 2004 and reached the qualifying age on or before that date. They would have 12 months and one day in which to claim, ie until 6 December 2005.

    Consider whether entitlement to HB/CTB existed during the 12 months prior to the actual date of claim. So, if the person delays making their claim until 6 December 2005, the first day of [u:b9a61c74c7]entitlement [/u:b9a61c74c7]is 6 December 2004.[/b:b9a61c74c7][/i:b9a61c74c7]

    Is this just a printing error or am I misinterpreting it?

    #3053
    Darren Tompkins
    Participant

    I agree with your intepretation of regs 64 and 57, and would start benefit entitlement from the following Monday, unless liability commenced the same week as benefit entitlement.

    #3054
    Debbie_Perry
    Participant

    Thank you. 🙂

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