Protected Pensioners

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  • #23078

    If a person is eligible for 13 week protection, what happens if that person is a pensioner and we award HB for the previous 52 weeks. Would that mean that they were in receipt of HB during the previous 52 weeks and therefore not eligible for 13 weeks protection?

    Carol Meredith

    Wouldn’t they get the 13 week protection for the first 13 weeks of the claim, i.e. at the beginning of the 52 week period you were going back on? Then, assuming they had no claim in the 52 weeks prior to that it would be OK.
    It is late so does that make sense?


    Kevin D

    I think the regs support Carol’s view.

    [b:9917796658]HBR(SPC) 13(paras 14-16)[/b:9917796658] applies.

    The 13 week protection starts from the beginning of the AWARD of HB. So, if the start of the award is 26 weeks ago, the clmt is barred from protection if there was any entitlement to HB at any time during the 52 weeks prior to the start of award (i.e. must be nil HB for wks 27 to 78, going backwards).

    Also, the clmt (or anyone else mentioned in para 16) must have been able to meet the financial commitments when they were first entered into – the date of a HB claim is not relevant.


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