Subject:
"Treatment of arrears of Pension Credit for HB/CTB"
First topic | Last topic
Ros_Thomas
Welfare Rights Officer, Somerset Welfare Rights Unit Taunton Member since 22nd Jan 2004
Treatment of arrears of Pension Credit for HB/CTB Tue 27-Jan-04 09:45 AM
Paragraph 461 of the HB/CTB: Pension Credit Handbook on the DWP website says that when a savings credit only case has been backdated and existing standard HB/CTB has been paid for that retrospective period, the Local Authority will not be required to calculate an overpayment. Arrears of pension credit are disregarded as income. Can anyone point me to where this can be found in the legislation, please?
Manager Welfare Rights Unit, Redcar and Cleveland Member since 02nd Feb 2004
RE: Treatment of arrears of Pension Credit for HB/CTB Mon 02-Feb-04 03:50 PM
If you look at para 766 of Part 2 of the HB/CTB (PC) handbook it's giving HB reg 68B(5) and CTB reg 59B(5).
I believe that quite a number of LA's (including ours) had failed to read para 461 in Part 1, and treated all backdated payments of pension credit as income from the 6th Oct thereby raising quite a few overpayments. We discovered this when pensioners began receiving overpayment notices just before Christmas! All sorted out quite quickly after we brought it to their attention. HB did a trawl and sent out letters of apology. However we were told by local Pension Service that many LA's were doing the same - so it might be worth while for all to check their LA's practice.
Welfare Rights Officer, Somerset Welfare Rights Unit Taunton Member since 22nd Jan 2004
RE: Treatment of arrears of Pension Credit for HB/CTB Mon 02-Feb-04 04:05 PM
Thanks for that - very helpful. I'm glad it wasn't just an authority I had come across doing as you described. I am pleased to say, however, that by the time I got your response, they too had corrected the situation.