Terms & Conditions

[arenton]

Hello all,

I wonder if anyone can confirm if i am doing the right thing with a PCSC case?

I have a Pensioner claimant- married with one child-on PCSC. Up to April 05 i believe we have correctly “modified” the claimant’s AIF in respect of Child Benefit and CTC.

However- on closer inspection- ETDs show TPS have used a NET figure for his state pension in arriving at his AIF. (i.e pension is £180.01- but includes £9.40 dependant addition he gets in respect of the child- meaning TPS have used £170.61 in arriving at his AIF).

I have been trying to discover if we should have further “modified” the AIF to add back in this £9.40??

I have decided we cannot, as- although it is (like Child benefit) an extra amount paid in respect of the child, it is not one of the specific items mentioned in Reg23(4) of the “HB & CTB(State Pension Credit) Regs 2003” due to which the AIF can be “modified”.

Also Reg 25 (which defines what we should class as income for pensioner claimant who are not on PC), seems to suggest that a “dependants increase” should NOT be counted as income.

Can anyone confirm if my thinking is correct?

[arenton]

Hello All,

I know it seems a bit daft- but i am replying to my own post!!!- because i have had a reply from DWP.

Thankfully it confirms my thinking is correct.

“The provisions for amending the amount of income in the AIF are in the substituted reg 23(4)(HB)/15(4)CTB. Child dependency increases are not and have never been included in the lists in (4), therefore you do not need to modify the AIF.
Please note that this is in line with reg 25(1)(h)(vii)/17(1)(h)(vii)which provide that an increase for a dependant (except a partner) payable under Part IV of the Contributions and Benefits Act 1992 is not income. Increases for dependant children payable with Retirement Pension are payable under Part IV of the C&B Act.”

So it seems we should also disregard any “Dependant’s Increases” in the state pensions of pensioner HB/CTB claims (when they are not on PC).

Dont know if anyone wants to know this!!!- but there you go anyway!!

[Author]

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