Relevant benefits and overlapping income – again

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 2 posts - 1 through 2 (of 2 total)
  • Author
    Posts
  • #45452
    Anonymous
    Guest

    I know this has been discussed before but something may have occured to me.

    I have a case where Incapacity Benefit ended 01/01/13 and state retirement pension started 02/01/13. When the "hold change" (relevant benefit) box is ticked on the SRP, Northgate has the two income's overlapping for 02/01/13-06/01/13.

    As I see it there are only two possibilities – this is a single change with a single effective date or two seperate changes with two different effective dates. Northgate is obviously set to treat this as two changes – IB ceasing is effective from 07/01/13, SRP starting is effective 02/01/13, hence the overlap.

    So why doesn't reg 59(4) HB (SPC) Regs 2006 apply? This is two changes in the same week which take effect from different weeks, so should both changes be rolled back to Monday 31/12/12?

    #127886
    Anonymous
    Guest

    Isn’t it because the commencement of RP under the relevant benefit rule is not a change of circumstance within the meaning of Reg 59 at all: Reg 59 only applies when the superseding decision is made under Regs 7(2)(a) and 8(2).

    However my opinion is that you only make one superseding decision here. The end of IB and start of RP give you two alternative ground for making that superseding decision and so I would use the one that applies first. On the day when RP is payable, the claimant is not getting IB and so the superseding decision to load the RP will obviously not include IB; and that decision takes effect from the day of the RP award under Reg 8(14). There is then no need to make a further superseding decision from the following Monday to remoive the IB, becauise you have already done it.

Viewing 2 posts - 1 through 2 (of 2 total)
  • You must be logged in to reply to this topic.