Terms & Conditions

[Anonymous]

Any help on this one appreciated…

Clmt working and receiving HB/CTB. Loses job and JSAib awarded from Wednesday 5 July. Is the change effective from Wed 5th or is it the following Monday (10th)?

Would it be the same for IS, ICB & JSAc?

Which reg covers this?

Thanks

[Anonymous]

It is the Wednesday – D&A Regs 7(2)(i) and 8(14). Doesn’t make any difference which of those benefits is involved – because all three are “relevant benefits” for the purposes of the D&A Regs

[Anonymous]

Peter,

I’ve been looking at the HB regs and the D&A regs having read your reply here, as we have always superseded from the monday after.

I can see that the D&A regs say you should supersede a decision from the date the relevent benefit is awarded/increased, but my query is, why doesn’t this appear under regulation 79 of the (new) HB regs – date cic is to take effect? D&A reg 8 (14) isn’t mentioned here, and this reg seems to state that a change takes effect from the monday after. They seem to contradict each other.

Would appreciate further clarification if poss!

thanks

[Anonymous]

To unravel this one, you need to go back to Reg 7 of the D&A Regs. This lists a range of separate grounds for supersession. Reg 7(2)(a) provides for supersession following a generic change of circumstance; Reg 7(2)(i) gives an entirely separate ground for supersession where there is an award of a relevant benefit.

If you then read across to Reg 8, you will see that a Reg 7(2)(a) supersession has its effective date set by Reg 8(2) & (3), which in turn import HB Reg 79 etc. Whereas a Reg 7(2)(i) supersession has its effective date set by Reg 8(14), which does not import HB Reg 79.

So when you increase someone’s HB/CTB following an award of Income Support, you are making a superseding decision under Reg 7(2)(i) and 8(14) and HB Reg 79 is irrelevant.

Of course, Reg 7(2)(i) was put there because people who received DLA arrears payments could otherwise lose out under the generic change of circs rules in Reg 8(2) & (3) – but Reg 7(2)(i) does not only refer to DLA, it refers to all “relevant benefits” and one can only assume that its wide scope is quite deliberate.

[chrisb]

I have tried raising this issue with our software supplier (Northgate), and quoted D&A 7(2)(i) and 8(14) as Peter has highlighted.

The response I have received asks:
[quote:93ed9375d4]I am not sure which version of HOUSING BENEFIT AND COUNCIL TAX BENEFIT (DECISIONS AND APPEALS) REGULATIONS 2001 your team are referring to however may I point you towards Supplement No74 (March 2006). If you still require further clarification regarding these regulations could you please refer to Adelphi and forward any guidance they send you.[/quote:93ed9375d4]
Before contacting Adelphi, I wondered if anyone knows of this supplement, and what it may contain. If it is just linked to the production of the consolidated Regs, then nothing changed in the D&A Regs, did it?

[Kevin D]

Hi Chris,

“[b:d3468d11c9]Supplement 74[/b:d3468d11c9]” refers to the updated inserts to the DARs. If you take a look at the bottom of each page, you’ll see a supplement number. In fact, it is now up to at least [b:d3468d11c9]supplement 75[/b:d3468d11c9].

new.hbinfo.org.com/menu2/dmaregs/a8_2321.pdf (Blue Volume)

It’s notable that the margin entries in the Blue Volume makes no mention of any change in [b:d3468d11c9]DAR 7(2)(i)[/b:d3468d11c9] since it’s inception from 6 Oct 2003. As far as I can see, the DARs are upto date as at June 2006 and DAR 7(2) and DAR 7(2)(i) hasn’t changed. But, I’ve only had time to take the briefest of looks.

For what it’s worth, I very much doubt Peter B has missed any changes.

Regards

[jowalraven]

A35/2003 might be of help.

[Anonymous]

It’s a supplement to the Blue Volumes (consolidated social security legislation). These are available on the DWP msite, although the D&A Regs have always been out of date for some reason and they still are. The current supplement to the Blue Volumes is 75 according to the site, but there is material missing from the D&A Regs for sure.

However, Reg 7(2)(i) and Reg 8(14) are most definitely still there. I have looked at all the recent amending Regs and as far as I can tell the only changes to the D&A Regs have been the consequential changes to outside references in the HB&CTB (CP) Regs 2006, and some new grounds for revision and supersession for people who chop and change between deferred pensions and lump sums. None of this affects Reg 7(2)(i) and Reg 8(14).

[Anonymous]

Kevin you beat me to it.

Where did that pdf come from?!? It’s more accurate than the one on the DWP website.
Anyway, it backs up what we were saying

[Author]

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