Quick consolidated regs query

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  • #22645
    Anonymous
    Guest

    We have a Housing Benefit backdating request made in May 2006, asking us to backdate to January 2006.
    Do we make the backdating decision quoting Regulation 72 (1987 Regs) or Regulation 83 (2006 Regs), or both, as the period that backdating is requested for overlaps the date that the consolidated Regs came into force (6 March 2006)?? The Regs may say the same thing, but which of them is pertinent to this kind of decision?

    #8995
    jmembery
    Participant

    The regs in force when the decision was made.
    In this case the 2006 regs.

    #8996
    Anonymous
    Guest

    Just to add my own query to this:

    Claimant has been overpaid for a period during the whole of which she was of working age – the decisions regarding the overpayment and its recovery were made after her 60th birthday – do I quote working age or pension age regs?

    #8997
    Anonymous
    Guest

    I’d say whatever Regs were in force when you made the decision the claimant had been overpaid.

    Willing to be disagreed with though. 😀

    #8998
    Anonymous
    Guest

    Well, this is what I can’t quite get my head around…the regs in force at the time the decision was made were the HB (Persons who have…etc) Regs 2006. But the claimant only reached age 60 in October 2005, whereas the overpayment period ended in May 2005. I can’t apply the HB (Persons who have…etc) Regs to someone under the age of 60, so working age regulations should apply to the period of the overpayment…? Or not?

    In this case it’s a technicality, as the decision would be the same regardless of the claimant’s age. But in a case, say, where a person of working age had a standard claim, then became entitled to Guarantee Credit on their 60th birthday, and was then found to have been overpaid for a period during the working age award period (say, due to an undeclared increase in earnings), it’s going to make a difference, isn’t it?

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