Pensioner abroad

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  • #20446
    lesleyb
    Participant

    Pensioner advises PS she is going abroad 1.11.07 – 1.3.08 – PS pay PC to 24.12.07.

    PC regs 2002 – Reg 3(1) states a person’s entitlement to state pension credit during periods of temporary absence from GB is to continue:- (b) for up to 8 weeks in the circumstances specified in para (3). There are three circumstances quoted in para (3) – do all the conditions have to be satisfied?

    thanks

    #2993
    Anonymous
    Guest

    Yes, I think all four need to be satisfied. Condition (d) makes no sense unless condition (c) applies. So they cannot be alternatives … [b:c6c87eab7e]but:[/b:c6c87eab7e]

    Why do you care? Either the HB/CTB temp absence conditions are satisfied, or they aren’t. It is entirely your call whether this is a 13-week or 52-week case. I am guessing that you have spotted the condition in SPC Reg 3(3)(a), which says that PC can be paid for 8 weeks if the claimant is likely to return to the UK within 52 weeks. Your claimant was absent for more than 13 weeks, but you are perhaps thinking: should I be allowing 52 weeks’ absence in this case?

    I don’t think the SPC rule has any relevance to HB at all. In HB, if you know that the absence will be more than 13 weeks and the case does not seem to satisfy any of the 52 week conditions, then as far as I can see it’s curtains.

    #2994
    lesleyb
    Participant

    Thanks – your correct, I was checking to see if the 52 week rule could apply.

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