Terms & Conditions

[Anonymous]

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Apologies if this has been dealt with elsewhere or if the answer is self apparant. The concession applying to claimants (65+) with non deps. Will the HB claimant who has had the SDP previously payable to them lose this immediately where the non-dep moves in or will the loss of the premium also coincide with the introduction of the non-dep charge?

As a [b:419ef20d72]secondary[/b:419ef20d72] question. The claimant has a working non-dep residing and we are taking the charge appropraite for income between £92.00 and £136.99 each week. The number of hours worked increases with the result that their earnings take them into the deduction band for £137 to £176.99. The increased non-dep charge concession means that the change is not actioned for 26 weeks.
The claimant contacts us 10 weeks after to say that the non-dep is no longer working. The non-dep charge should now drop into the lowest ‘not in remunerative work’ band. I would think that we would action this last change using normal change of circs rules as this will benefit our cliamant. Does this also mean that the previously diaried change now ceases to be applied?
Apologies if these have been dealt with earlier.

[Anonymous]

nobody else is answering, i dont blame them.

i spoke to the pension service yesterday in relation to non-deps and sdp, from their perspective entitlement to the extra amount for severe disability under pension credits will cease immediately upon non-dep moving in, i am going to have to check exact wording of 26 week rule, cause i havent seen it yet, but reading the anniversary date rules for non-deps CoCs, it would appear that they would still be entitled to SDP as the conditionsd for SDP under HB would still be met, if we cant apply the non-dep moving in for 26 weeks

I can’t fault your logic in the second part.
So I would advise non deps to work 25 week contracts at the highest wage possible, then sign on for a week. thereby no deduction need ever be applied.

If you are referring to same claimant, then of course there will not be a deduction, as SDP means AA/DLA(c)

[simondoyle]

SDP and non-deps.
Have a look at the software suppliers external quesions log (question 37) on the DWP website. It appears that a claimant will lose their SDP immediately after a non-dep moves in.
With regards to your second point, I am of the opinion that the first change is ignored because of the subsequent ‘beneficial’ change. The last point dj makes is quite correct.

[Anonymous]

sorry simon, i dont find any clarification from question 37, my concern is that reg 22 of SI 2003/0325 inserted paragraphs (9) and (10) to reg 68 as follows:

(9) Paragraph (10) applies if –
(a) the claimant or his partner has attained the age of 65; and
(b) since the date in respect of which the claimant’s entitlement to housing benefit first began or, if later, the anniversary date –
(i) a non-dependant took up residence in the claimant’s dwelling; or
(ii) the income of a non-dependant increased so that the amount of the deduction which falls to be made under regulation 63 increased.

(10) Where this paragraph applies, the change of circumstances shall take effect from the next anniversary date following the change specified in paragraph (9)(b).

assuming that the anniversary date reference is due to be directly replaced by a reference to 26 weeks, this has the effect that a non-dep moving in on 25 December 2003, shall not take effect for HB/CTB until 24 June 2004. It does not state that it is only the non-dependant deduction that does not take effect for 26 weeks.
Assuming the pensioner continues to receive AA and CA is not in payment. the pensioner continues to satisfy all criteria for award of SDP. if i have mnissed something here, please tell me

[Derrick]

One of the criteria for awarding SDP is that the person is treated as living alone (exceptions apply as usual), this will not be the case when the non-dep joins the household and therefore SDP will cease.

[david farrar]

I disagree Derrick, the condition isn’t that claimant lives alone, if the claimant is single person, the condition is whether he has a non dependant normally residing with him.

the revised reg 68 states that if non dep moves in to pensioner household, this change will only take effect after 26 weeks.

if the change is not taking effect for 26 weeks, then during the 26 weeks the pensioner will continue to satisfy pag 13(2)(a)(ii) of Schedule 2, therefore claimant still eligible for SDP for HB.

[Derrick]

I was answering the posting from dj re:whether or not a non-dep would effect SDP rather than trying to solve the foreseeable problem regarding when is a non-dep not a non-dep etc.

[Anonymous]

thanks, i think i will have to wait until i have read the legislation, as of today’s date my understanding is that if non-dep moves in customer loses severe disability element in pension credit but retains it for 26 weeks for hb/ctb.

any word on the amending regs yet?

[RobBox]

Really digging this up from the vault.

If Pensioner currently gets SDP within HB assessment and a Non Dep moves in, all other conditions being met, do you apply 26 week easement (HBR59 (10-13) before removing  SDP or remove immediately?

[simonh]

Sorry to drag this up again.

What are people currently doing with pensioner claims with an SDP awarded and a ND moves in.  Are people only applying the easement to the ND deduction, or to the SDP as well? 

Interestingly Northgate can't make its mind up as it removes the premium for CTS but leaves it in for HB (talk about hedging your bets). 

 

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