Pensioner backdate – when to pay from ?

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  • #20483
    asc
    Participant

    Hello, can anyone help on the following query; we have been discussing when the start date of a HB claim should take effect from when a claim for PCGC has also been backdated. For example:

    Receipt date of HB claim 01.05.2009
    Claimed PCGC on 02.04.2009
    PCGC awarded from 21.01.2009

    We are saying that because their claim was made within one month of their claim for pass ported PCGC – the PCGC start/award date is the claim date, therefore we should count 3 months back from 21.01.2009(automatic backdate) and pay HB from the Monday following the 21.10.2008.
    Is this correct, should we be backdating a further 3 months prior to the start date of PCGC which we are saying is the claim date for HB? I know this topic has come up several times before but we are still confused, any suggestions, thanks.

    #3059
    mcloriet
    Participant

    Hi

    The claim can only be auto-backdated any period in the 3 months before the date is actually received.

    But only back to their 60th birthday or the day they become liable for rent or council tax if these dates are later than the maximum 3 month date.

    [u:9651fd5b9d]Example[/u:9651fd5b9d]
    LA receives a claim form on 13-Aug-09. The claimant has been awarded PCGC from 01-May-09.

    CTB would be paid from the Monday following 13-May-09 – the 3 month maximum auto-backdate limit.

    I can see your logic as looking at it this way is better off for the claimant but I don’t seem to find any mention of using the claim date rules as you have, as the rules mention the receipt date only.

    Hope that makes sense.

    #3060
    Anonymous
    Guest

    Actually the rules don’t mention the receipt date at all. Reg 64 is so badly written it’s almost incomrehensible (no it [i:56c9397055]is [/i:56c9397055]incomprehensible) but seems to be saying that the claim can be treated as made 3 months earlier than the first day of entitlement, so I can understand [b:56c9397055]asc[/b:56c9397055]’s confusion. Sometimes I think we have to take a commonsense view of legislation and my view is that this rule is not meant to apply to passported claims. In the example given TPS have already applied a “backdate” and this is the date to be used (providing the HB claim has been made within one month of the date of the PCGC claim). In my view.

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