PCGC Start Date Pleeeease

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  • #38031
    tjq
    Participant

    Ongoing claim, clmnt in receipt of pension credits PCAIF and PCSC, we realise that the claim has not been updated since March 2005. To date we have not recvd any ETDS or change in circs from March 05 – present.
    However when we checked the CIS it appears that the clmnt was in receipt of PCGC from 14.04.2008.
    It also appears that we have never recorded an interest on the CIS system.

    Should we pay PCGC income from April 2008? (Relevant Benefit?) Large underpayment would occur so a little bit hesitant. Many Thanks

    #107086
    tjq
    Participant

    Apologies, HB is in payment but CTB was never in payment as they did not qualify due to Pension Credits amounts. In light of the news that they are in receipt of PCGC from Apr 2008, I would require a New Claim form to apply for the CTB.

    My question is do I pay CTB side from April 2008 on PCGC or just apply the three month backdate rule once I have a valid claim form.

    #107091
    nickkeogh
    Participant

    The customer doesn’t have a duty to notify changes to PC and therefore the relevant benefit rules aren’t required. PCG was awarded to the customer back in 2008, not now. The fact that this has only just come to light is a moot point. The change happened in 2008 so you can amend HB from the date of change.

    Re the CTB side though. Unless you have a claim at the time that PCG was awarded then you can only use the normal new claim rules for pensionable age customer. The customer may have a case for compensation though due to maladministration by either the PS in not registering the LA if they should have or yourselves by letting a SC/AIF run unchecked for 6 years.

    #107092
    tjq
    Participant

    Thanks for your response

    #107129
    gesin
    Participant

    Hi nickkeogh

    “Re the CTB side though. Unless you have a claim at the time that PCG was awarded then you can only use the normal new claim rules for pensionable age customer.”

    Could you please direct me to where I could find the regulations that back this up. I am dealing with a appeal that concerns this very same scenario and I have used this argument in my submission but feel I need to quote some regulations to cover it.

    #107138
    nickkeogh
    Participant

    There isn’t a reg that you can quote that specifies this scenario. The bottom line is that the claimant was in receipt of SC and then moved on to GC which would have brought the customer into entitlement for CTB.

    They haven’t made a claim for Pension Credit which comprises the guaranteed element, this was a change in their entitlement to their existing Pension Credit which had already been previously claimed or migrated to prior to the guaranteed element being awarded. So CTB60+ 53(5)(a) cannot apply. An ETD should have been issued confirming the change to PCG whereupon the authority should have issued a form or ideally arranged a visit for the form to be completed. The failure of an ETD to be issued is where the maladministration has occurred, down to whoever should have registered the LA as interested party. That’s where the possible compensation may be due.

    The only way you can therefore decide the date of claim is through CTB60+ 53(5)(d)and(e) which is the date of receipt of an application or within month of intention to claim.

    #107144
    gesin
    Participant

    Thank you for that Nick.

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