When do we apply this change to Pension Credit

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  • #37986
    jaws
    Participant

    We have a claim that we need advice on so we can clarify our own procedure.

    CTB only:

    Mr L & Mrs L. Claim is in Mr L’s name and he receives PC(G) as a couple. Claim happy in payment since April 2004.

    [b]31.01.2011[/b] Mrs L is admitted to a Nursing Home – According to the notes on CIS this was on a temporary basis.

    [b]10.03.2011[/b] Mr L tells pension credit that Mrs L stay in the nursing home is permament.

    [b]14.03.2011[/b] ETD received advising us of the change.

    Mr B pension Credit changes to Savings Credit wef 31.01.2011. As Mr B has £24k in savings we doesnt qualify for Ctax. The question we need answering is when is his CTB amended.

    Currently we have cancelled his claim from 31.01.2011 – which I think is wrong.

    I dont think we should adjust his claim until the monday following the date we are told of the change by Pension services. ETD on 14.03.11 is notification date which is effective from 21.03.11. I think this is covered under CTB 60+ reg [b]51(3)(b)(i)[/b]. I’ve also checked reg [b]69(7)(c)[/b] and customer only needs to notify of the change to his capital if over £16+ if on Savings credit only.

    The action I would recommend is :
    a)Input SPD wef 30.01.11 and adjust CTax liability but remain on PC(G)
    b)21.03.11 – Nil Qualify claim as capital exceed £16l limit.

    Other factors to be considered is that pension credit have overpaid
    Mr L from 31.01.11-20.03.11 which they are choosing to recover.

    18.3.11 Mr L writes to us detailing the changes of cirumstance and states from 30.01.11 the stay in the nursing home is permanent. Although I think we are still bound by Pension Service’s decision.

    Apologize for the lenght and may seem longwinded but wanted to outline all the fact so you help with your point of views.

    Any help or comments appreciated :glasses:

    Mark :Sp

    #106969
    nickkeogh
    Participant

    As long as the ETD shows no delay or delay due to Pension Service then I agree with you re the date for the change to SC. If the delay was claimant delay though then you would have to back to January.

    However, you need to clarify with Ctax as to the date that his liability ends (is he still liable while on a trial stay or whether it only ends once made permanent?). At the very latest, his liability would surely end when the move became permanent on 10/3/11 and you therefore cannot award CTB from that date anyway. You are only bound by the PS amounts with regard to income or capital, not residence or liability issues.

    #107041
    jaws
    Participant

    Thanks Nick

    Yes all the 5 ETD that we received showed no delay (forgot to add that in my post as this is very important)

    Mr L still remains resident and SPD has been applied but we have Nil Qualified him from 31.01.11 rather than keep his income as PC(G) until 21.03.11. I just wanted to make sure i was going down the correct path with this.

    Thanks again.

    #107043
    nickkeogh
    Participant

    Sorry, I’ve just realised I misread the original post – I thought the claimant was the one who had gone into residential care when it’s his partner. Doofus :glasses:

    #107044
    jaws
    Participant

    No worries – there was a lot of info to read and take in – i’m glad you took the time to do so and reply H)

    #107169
    CAMPERMAN
    Participant

    I have an etd with similar cirs but we were only assessing on srp and occ pension. we have rcvd etd on 27 may showing date of pc claim 12 may 2011 entited to pcsc from 31 jan and he has £35,000 in savings. previously he was assessed with his wife who went into care home last november they were getting pcgc which ended when she went to the home.do we edn it from now or back to january.

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