PROPOSED Regs for Pension Credits (Decision and appeals Regs

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  • #20056

    This sounds quite interesting

    Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
    3. At the end of the Schedule to the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001[11] (decisions against which no appeal lies), there shall be added the following paragraph –

    ” 6. No appeal shall lie against the calculation or estimate of the claimant’s, or the claimant’s partner’s, income or capital used by a relevant authority in accordance with regulation 23(1) of the Housing Benefit Regulations or regulation 15(1) of the Council Tax Benefit Regulations (calculation of claimant’s income in savings credit only cases), as modified, in both cases, by the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003


    I think, and I have not looked at the Regs. in detail, that this amendment simply prevents TAS from looking at the decision of IR with regard to Pension Credits. Presumably the IR have their own appeals system!

    For my own part I am glad that we are prevented from considering the assessment of Pension Credits.

    Julian Hobson

    I presume you mean DWP in the guise of the Pension Service as IR have Zip to do with this credit (confusing isn’t it).


    All this means is that a claimant cannot appeal to the LA against the income and capital figures supplied by the Pension Service for a person in receipt of a savings credit. Such an appeal is for the PS since the rtegs say the LA must use the info supplied whether right or wrong.


    SI 2003 No 325 states that to calculate the claimants income in savings credit only cases
    (4) The relevant authority shall modify the amount of the net income provided by the S of S only in so far as necessary to take into account-
    (a) the amount of the savings credit payable;
    Does this mean we are modifying the AIF for every case where SC has been awarded, and therefore appeals for these cases come to us? ( even though we have had no input into either the calc of the AIF or the calc of the SC, the only calculation being adding the two together?)

    Julian Hobson

    See reg 3 of SI 2003 1581


    I think they can appeal where we have amended the AIF, even to include the savings credit figure – that is my reading of reg3 of 1581 – otherwise what recourse would the claimant have if we used the wrong savings credit figure in the calculation?

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