Which Regulations??

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    Silly question for a Friday morning but my brain is not functioning properly yet!!
    Looking at preparing an appeal submission – customer now aged 74 (on pension credit) – is appealing a decision that was made on 13th April 2006 – the decison affected his benefit entitlement going back to 96/97 – should i use the State Pension Credit Regs in the submission or Housing benefit regs 2006 as he was not on pension credits back in 96/97 – but decision affects him now as a pensioner so think i should use SPC regs –


    As I understand things…..

    Decision made on 13.4.06 so would fall under the Regs appropriate to the decision date rather than the date decision retrospectively affects.

    Therefore I think you should be looking at SPC Regs in your submission. I suppose it wouldn’t harm to mention the 1987 Regs as supporting evidence showing that any which way the decision is correct but you are submitting a decision made under Regs appropriate to your claimant’s pensioner status.

    Ready to face the firing squad!!!

    Do I know what I'm doing? The jury's out on that........................


    It depends ….

    If you mean that you have made an overpayment decision by reference to periods of entitlement going back over a decade, the decision is made now under the new Regs, in particular those dictating from whom the overpayment is recoverable. If the claimant is appealing against your view that the overpayment is recoverable, or that it is recoverable from him, the current Reg is the one that applies.

    If the dispute concerns the decision-making framework – whether there are grounds to revisit old decisions – again, the current decisions and appeals Regs apply.

    But if the claimant is disputing the decisions on entitlement from which the overpayment has been calculated, the relevant Regs are the ones that applied at the time – the 1987 Regs as frequently amended up to March this year, then the 2006 Regs. To justify an entitlement calculation for, say, the year 1998/99 you need to quote the relevant Regs as they stood at that time.

    A quick way to summarise it is to say:

    – substantive entitlement is based on the Regs as they were at the time
    – the business of deciding entitlement (icnluding decisions on overpayment recoverability) is done under the Regs that apply at the time the decision is made

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