Pensioner b/date or not?

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  • #31640
    tjq
    Participant

    Confused!
    Scenario is CTB claim, never claimed before, std recvd 18th Aug 2010, claimant reached pensionable age 06th July 10 and in receipt of SRP. Prior to this claimant was in receipt of JSA (C) only, no capital.
    Claimant has requested a b/date from the 1st January 2010 (Depressed with medical evidence)

    From what date could I pay this claim from?

    #41356
    Anonymous
    Inactive

    I would say this claim falls under pension age rules, therefore the earliest you could pay from is 12/07/10… though i think this is far from a clear aspect of the affects of the equalisation programme.

    #88462
    stevedaymond
    Participant

    Automatic to the time they became pensionable age and then past that up to a max of 6 months so back to 18th Feb 10. If you are moving the date of claim back and the date of claim then falls within working age I would assess it as that.

    #88463
    Anonymous
    Inactive

    [quote:04094152f6]stevedaymond Posted: Thu Sep 02, 2010 3:30 pm Post subject:

    ——————————————————————————–

    Automatic to the time they became pensionable age and then past that up to a max of 6 months so back to 18th Feb 10. If you are moving the date of claim back and the date of claim then falls within working age I would assess it as that. [/quote:04094152f6]

    Would you have done that under the old rules if the claimant had turned 60 on 06/07/10?

    #88464
    stevedaymond
    Participant

    As in up to a maximum of 52 weeks?

    #88465
    Anonymous
    Inactive

    As in pre-equalisation programme…

    #88466
    stevedaymond
    Participant

    Yep

    #88467
    Anonymous
    Inactive

    Interesting…

    So basically, anyone who applied say 2 months after they turned 60, you’d automatically ‘backdate’ their date of claim 3 months, which would then put them into working age rules, allowing them then a maximum period of 6 months backdating overall…?

    I’ve never heard that before.

    #88468
    stevedaymond
    Participant

    No I would automatically back date to the Monday following the time they became pensionable age. But if they requested backdating further I would consider them under working age rules if the date of claim got moved back due to the backdating to when they were working age.

    #41364
    tjq
    Participant

    Thanks for the responses but still no wiser guys!
    I agree to pay the claim MF Pensionable age, however i do accept good cause for a backdate, but this b.date falls within working age. hmmm

    #41365
    Anonymous
    Inactive

    [quote:995af198b4]No I would automatically back date to the Monday following the time they became pensionable age. But if they requested backdating further I would consider them under working age rules if the date of claim got moved back due to the backdating to when they were working age.[/quote:995af198b4]

    Forgive me if i’m being obtuse, but i really don’t see how that would work.

    #88469
    stevedaymond
    Participant

    If we received a claim for someone who has became pension age in the last two months and they request backdating for 6 months and good cause is shown, the date of claim gets set as 6 months ago which puts the claim under working age using HB Reg 83(12) as the [u:c9d89f7a7a]date of claim[/u:c9d89f7a7a] is accepted as being 6 months ago.

    If they do not request backdating and / or do not show good cause it would be a pension age claim and backdated to the Monday following the customer turning pension age using HB (SPC) Reg 64.

    #88470
    Anonymous
    Inactive

    But there aren’t any backdate provisions in the pension age regs… so good cause or otherwise is irrelevant.

    #88471
    stevedaymond
    Participant

    Good cause is irrelevant for pensioner claims but as the good cause has been provided and puts the customer into working age. So as previously stated normally Monday following date became pension age but as the customer has good cause for the claim to be backdated that puts it into working age because the date of claim is before they became pension age.

    #88472
    Anonymous
    Inactive

    😯 I may have to revise our training info double quick!!!

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