Terms & Conditions

[Anonymous]

If we are amending a claim for a period back to 2001, do we administer that period using the HB/CTB rules that were in force at that time, or using the rules that are presently in force?

[markp]

As we process appeals to the Regs relating to the relevant decision I would assume that you would apply appropriate Regs to decisions. In any case don’t the Decisions and Appeals Regs apply?

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

[Anonymous]

Sorry, I probably haven’t explained it very well … If we have found that we did something wrong back in 2001 and want to correct it , would we use the rules as they were at the time, or as they are now?
For example if we terminated a claim when we shouldn’t have in 2001, if we were to reinstate the claim now, would it still be subject to benefit periods ie could we only pay to a maximum of 60 weeks?

[andyrichards]

Normally I would say that all past periods should be assessed according to the rules in force for the periods being assessed, meaning that each time any relevant regs changed you should do a reassessment.

But the abolition of benefit periods is a bit different. If you are going to pay in respect of a period of years all at once, I do not see how the past existence of benefit periods can have any practical effect on what you are doing now, unless you propose to get the claimant to complete a form for each block of 60 weeks in the period you are paying.

It’s all a bit too metaphysical for this time of the morning…….

[Author]

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