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Modification of the AIF

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  • August 28, 2003 at 11:04 am #20092
    RobBox
    Participant

    Again, could be wrong, but A23/2003 received today seems to state that if you take account of the Savings Credit as well as the AIF when calculating HB/CTB that is deemed as modifying the AIF. This will mean that L/A is responsible for any appeal?

    Can this be right? …. as you have no choice but to use Savings Credit figure provided and AIF both of which have been calculated by Pensions Service.

    August 28, 2003 at 11:46 am #2002
    Anonymous
    Guest

    I think the handbook refers to this one.
    If the LA modify the AIf the appeal can be made to the LA against the modification only.
    Taking account of the savings credit amount is classed as a modification.
    You need to decide the real issue behind the appeal. Is it against the modification or the AIF or SC amount. If its the modification, it is within the LA’s jurisdiction. If its against the AIF or SC amount, it is outside the La’s jurisdiction and the appeal should be lodged with the Pension Service.
    Section 10 and Appendix C refers

    September 3, 2003 at 10:41 am #2003
    ianfearn
    Participant

    I queried the same question with the DWP and they sent me the following response:

    “You are correct it is not the intention that LAs will modify all the AIFs and consequently deal with all the appeals. The correct policy is set out in the HB/CTB Pension Credit handbook at section 10 and in Appendix C. If you do not have a hard copy, it is on the DWP website in the HB section.

    In the meantime we will consider whether a further circular to clarify A/23 will be issued”

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