Terms & Conditions

[Steve H]

We have a pensioner (so 60+ regs) who has recently lost their partner who was entitled to Attendance Allowance.

There is a non-dependant in the property and so under reg 55 no non dependant deduction was in place.

Now however as there is no longer any receipt of AA, and as such there should be a non dependant deduction – the question is from when?

I want to allow the 26 weeks delay to maximise benefit for the claimant, but am not sure if I am incorrectly reading reg 59 because I am a softy!

[quote:67a9728264]either—
(i)a non-dependant took up residence in the claimant’s dwelling; or
(ii)there has been a change of circumstances in respect of a non-dependant so that the amount of the deduction which falls to be made under regulation 55 (non-dependant deductions) increased.[/quote:67a9728264]

I am reading this that although there has been no actual change to the non deps income etc., there has been a change to their circumstances for the amount of the deduction under reg 55 – i.e. that they are no longer living with a person in receipt of AA – and therefore the effective date is 26 weeks after the death.

Any opinions would be gratefully received!

[Kevin D]

[size=9:5c54cce65d][i:5c54cce65d]deleted[/i:5c54cce65d][/size:5c54cce65d]

[David]

And I don’t!

I read this as being a change directly affecting the non-dependant. In this case, the change has affected the claimant in terms of applicable amount etc. I think non dep deductions start immediately.

I’m ready to be persuaded otherwise!

[Kevin D]

[quote:159afc5a61]I think non dep deductions start immediately. [/quote:159afc5a61]

Sorry – I misread Steve’s post. David is quite right and my prev post has been edited out.

Regards

[Steve H]

Many thanks to you both for putting me straight.

Steve

[seanosul]

Under these circumstances I would be inclined to offer a DHP.

[Steve H]

Apologies – no post – computer glich…..

[Author]

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