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Protected Pensioners

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  • November 13, 2006 at 5:51 pm #23078
    Derrick
    Participant

    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?
    ❓

    November 13, 2006 at 5:55 pm #10800
    Carol Meredith
    Participant

    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?

    Carol

    November 13, 2006 at 8:24 pm #10801
    Kevin D
    Participant

    I think the regs support Carol’s view.

    [b:9917796658]HBR(SPC) 13(paras 14-16)[/b:9917796658] applies.
    new.hbinfo.org.com/menu2/pchbregs06/013_06pc.shtml

    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.

    Regards

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