Appeals officer, Blackburn With Darwen Borough Council Member since 16th May 2006
Non dep on pension credit Tue 16-May-06 02:51 PM
Hi, I have an appeal against a non dep deduction (HB)for a non dep who was awarded PC(GC)in 2004. We have previously had her on IS until she informed the LA in September 2005 that the non dep had been awarded PC(GC)and so a HB deduction was taking place until April 2005. Question - Am I correct in thinking this is a late notification of an advantageous change and so the ND's income cannot be amended back to when PC(GC)was awarded?
bristol city welfare rights, bristol city council Member since 03rd Dec 2004
RE: Non dep on pension credit Fri 19-May-06 08:41 AM
I would have thought that it was arguably an official error:
If you knew the ND's date of birth (which the claimant shold have supplied on a claim form) then you couldn't have thought that she continued to be entitled to IS after her 60th Birthday.
Welfare Benefits Advisor, Carrick Housing -on beha, Carrick Housing, Truro, Cornwall Member since 15th Jul 2005
RE: Non dep on pension credit Fri 19-May-06 03:19 PM
I have had a similar situation where a non-dep went from IS to PC(G) as part of the automaticc transfer for pensioners. All Hb/CTB claimants were uptomatically amended from IS to PC(G) by the LA but not non-deps.I have asked them to produce a report of all non-dep pensioners to check their income as they may be many more cases. I would agrue that the claimant could not have reasonably been aware of the change in regualtions re non-dep deductions.