When is a claimant covered by the HB (SPC) Regs 2006

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  • #20411
    Anonymous
    Guest

    We have a claimant who turned 65 in May 2006. At that time he went on to Guarantee Pension Credit and claimed HB.
    He has requested backdating to May 2005 based on his income at that time, which was incapacity benefit – he would have qualified for HB during that 52 week period.
    Can we award that 52 week period automatically, under Reg 64 (1) of the above Regs?
    We are not sure whether he falls within the HB(SPC) Regs during the period May 05 – April 06 because although he was over 60 (and had therefore attained the guarantee pension credit age) he was not actually receiving the pension credit at that time.
    Any comments please?

    #2937
    Mark
    Participant

    Right now, a claimant is covered by the HB (SPC) Regs 2006 whenever they or their partner are 60 or over and neither gets IS or JSA(IB). The regs don’t say it like that because the age limit will be going up in a few years time as the pension ages for men and women are gradually aligned.

    So you should pay a years worth of HB/CTB arrears.

    It’s worth checking though whether Pension Credit was backdated for 12 months too. If so, you may find that HB (SPC) Reg 64(6)(a) is slightly more generous (i.e. the rule for people claiming HB within one month of a successful claim to Guarantee Credit).

    #2938
    Kevin D
    Participant

    I think you’re ok. [b:558c72db68]HBR(SPC) 5[/b:558c72db68] seems to cover it.

    new.hbinfo.org.com/menu2/pchbregs06/005_06pc.shtml

    Regards

    #2939
    Anonymous
    Guest

    thank you!

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