Terms & Conditions

[Mark]

Well lets get A day off to a good start:

A claimant moves from IS/JSA(IB) to Pension Credit. We award the extra 4-weeks maximum HB. At the end of the 4-week period we find out the Pension Credit will not be awarded because the claimant’s retirement income is too high. The LA have taken a Policy decision not to use the Pension Service’s AIF figure because they are worried that appeals and COC’s will be harder to deal with.

The LA lets the 4 weeks run-on be paid and then suspends the HB claim. It does not end entitlement because there is no legal power to do so.

The LA then sends a claim form to the claimant and asks them to return it within 28 days. The LA has decided that this is the best way to gather the details it needs to reasses the claim. The form is not returned.

We send another claim form but still no form is returned.

What does the LA do now? Does it have to leave the claim alive but suspended forever – or is there something in the primary regs that allows the LA to end entitlement altogether based on the claimants failure to respond?

[Anonymous]

Happy A Day to you too.

Couldn’t you just Arnie it under D&A Reg 14? or have I overlooked some obstacle in the drafting?

[Mark]

I think I may have had one too many over the weekend. Reg 14 is indeed the answer – thanks Peter. I think this means that the LA should always suspend in these sorts of cases otherwise I don’t see another way of bringing the matter to a close where no response is received. This hardly fits the “seamless transition into retirement” concept very well.

[peterdelamothe]

Hold on a mo. On what basis can you make a policy decision not to use the AIF except if the claimant does not qualify for any PC?

[Mark]

Peter – if I was having a bad morning it seems you’re having a bad afternoon. I was clearly referring to a case where Pension Credit is claimed but not awarded. As I understand it an AIF will exist in these sorts of cases and it’s up to the LA to decide whether they want to use it.

[peterdelamothe]

You are quite right. Good start on A day – not. All the PS computers were down and customers were told to phone back. A pensioner customer complained that the PS did not have minicom or other facilities to deal with those who are hard of hearing. PS has confirmed that this is quite true.

Having just returned from a meeting at the Adelphi where all the old issues were rehashed and where we were assurred “its all going very well”, you will have to excuse me.

[Author]

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