Terms & Conditions

[valbaker]

We’ve just intervened on a claim and have discovered that the non dep went onto pension credit a long time ago. This means there is no non dep deduction but we can’t decide when the change should take effect from. Where we find out that a claimant recieves a ‘qualifying benefit’ the normal change of circs rules don’t apply – does anyone know whether this sort of exception applies to when a non dep has the same kind of income change. I know there was a circular about this qualifying benefit business but can’t remember the circ no. , that may help if anyone knows it off the top of their head! 🙂

[Darren Broughton]

Circular was A35/2003. Off the top of my head – I don’t think this provision applies to non-deps. I think the regulation mentions “claimant or member of his/her family”. Definition of family doesn’t include non-deps

(I’m prepared to be corrected though – I haven’t double checked the regs)

[andyrichards]

The effective date cannot be earlier than April 2005 – that is when the regs regarding non-deps on PC changed.

[valbaker]

It was A35! I’m thinking we need to use the normal advantageous/disadvanteous coc rules and disregard the fact that the change involves a qualifying benefit- thanks for your replies

[Anonymous]

[quote:f588ca78cb=”Darren Broughton”]Circular was A35/2003. Off the top of my head – I don’t think this provision applies to non-deps. I think the regulation mentions “claimant or member of his/her family”. Definition of family doesn’t include non-deps

(I’m prepared to be corrected though – I haven’t double checked the regs)[/quote:f588ca78cb]

You’re absolutely right. A non-dep isn’t a member of the claimants “HB family” and the qualifying benefit rule doesn’t apply to them.

[Author]

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