Terms & Conditions

[Anonymous]

Clmt had always advised us that his non-dep was on RP. We have now found out that non-dep actually on PC from 2003…which has no deduction.

Do we treat as adv change and only input from Monday after notification or should we go back to…is it April 2004 (when the no dedn for PC non-deps came in)?

My view is that we should input as PC from as far back as possible, on grounds that we should have double-checked whether non-dep was actually on PC – as can be confusing for clmts.

Any other views? If so, what reg supports it?

Thanks

[arenton]

Hello Andy C,

I think we have both posted to the message board about the same time this morning and so far have not had any replies!!!

So i thought i’d gave an opinion on your one-….if nothing else it may encourage a reply from someone who knows what they are talking about !! (i certainly can’t claim that!!!).

For what it is worth, i would not go all the way back. A change in non-dep income is a reportable change of circs, and it has not been reported. So i would just supersede from the monday following when you have found out that PC is in payment.????

That’s what i think- if it is any good……

[markp]

Inclined to agree with arenton on this, based on details posted. This appears to be a late notification of a change of circs which is advantageous to your claimant and so, unless you have any evidence to (a) support the lateness of this, or
(b) the late award of PC to the non – dep which would enable an any time revision of the claim,
I think that you are looking at a superseding decision under Regs 8 and 9 of the Decisions and Appeals Regs.

That’s my humble opinion anyhow.

Do I know what I'm doing? The jury's out on that........................

[Author]

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