Transitional Provision 29

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  • #20244
    Anonymous
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    What are peoples views on the following senario:-

    A claim is submitted in November 03, but due to lack of information is calculated. A further claim is submitted in January 04, this time however all the information is provided and the claimant requests a backdate.

    I would automatically treat the claim as being made on the earlier date due to Transitional provision 29, but other staff think differently.
    Transitional provision 29 doesn’t give details of circumstances when you can’t use it, just that you must treat the claim as being made from the 06.10.03 or the 60th birthday(if after 06.10.03) were applicable.

    Yours views are appreciated.

    #2488
    Anonymous
    Guest

    In my humble opinion both claims should be treated as being made on 06/10/03. The fact that Claim Number 1 ‘lapsed’ is not relevant.

    since the transitional (?) provision allows for treating a claim as being made on 6/10 the ‘lapsing’ of Pension Age claims has become rather meaningless.

    that is of course opinion and i am more than prepared to be persuaded otherwise. 😉

    #2489
    Anonymous
    Guest

    I tend to agree with Scot. I was looking for a way around it on the grounds that reg 29 states “if the local authority is satisfied that, on that day, the claimant satisfied the conditions of entitlement to housing benefit..” and that by not supplying the information originally those conditions were not met.

    The trouble is that “on that day” refers to 6 October or their 60th birthday so if they contact us anytime before 5 October 2004 we go back.

    #2490
    Anonymous
    Guest

    It would appear that pensioners can’t do any wrong at the moment. Though it does make things easy for us, no appeals!

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