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?

Any help would be gratefully accepted.

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.

Thanks for that. I was looking from the same angle but was unsure whether I should be going down the advantageous change route.

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.