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PENSIONER BACKDATING

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  • August 13, 2009 at 11:13 am #20485
    trina
    Participant

    Pensioner was receiving Savings Credit only from 16/02/06 – no CTB because capital exceeded £16K.

    04/03/09 notice received from Pension Service to say Guarantee Credit awarded from 16/12/08. No CTB claim made.
    We sent a claim form 12/03/09 which was return by the pensioner on 24/03/09. We awarded HB from 22/12/08 (monday following 16/12/09)using the three month backdating rule CTB 60+ Reg 53(1ZA).

    Pension service have now revised their Guarantee Credit award to August 2008. Can we award CTB for the same period using HB/CTB Decision and Appeals Reg 7(2)(i)? I can’t find anything to say I can award CTB prior to the original award date of 22/12/08.

    😕

    August 18, 2009 at 9:15 am #3063
    Kay_Tade
    Participant

    Try reg 8(14), should allow you to amend the start date 🙂

    August 18, 2009 at 10:52 am #3064
    trina
    Participant

    Thanks, did consider this as its a change to a relevant benefit, however didn’t know if this only allowed a suspersession/revision from when the CTB started.

    DWP GM examples only show claims being changed back to the origianl start date . Example 2 show an increase to a relelvant beenfit before the start date but is only included in the assessment from the original HB start date.
    Claim awarded from 17/09/03 , DLA awarded from 07/06/03 claim from 17/09/03 update.

    August 18, 2009 at 11:00 am #3065
    Kay_Tade
    Participant

    The revision of the PCGC start date is in effect a revision of the claim date so you would amend the HB/CTB start date.

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