Anyone help with this one? Elderly couple both on AA and PC.Him awarded AA 7 years ago, her 4 years ago.Been on IS/PC all the way through living on their own,no carer.Recently submitted PC10 and asked for backdate to date of qualifying benefit using Social Security and Child Support (Decisions and appeals)Regs 1999-Rowland vol 3 p572 (7). Backdate limited to 4 weeks on grounds clients did not report change of circs when orignally awarded second lot of AA.-Pension Credit Payment Guide Vol 6 (Changes Reported/Not reported,Para 5150 Help!!!!!!!

I'd suggest appealing and referring to reg 6(2)(e)as the basis for the supersession. AA is a relevant benefit; it is paid under Part 3 of the SS C&B Act 1992 see S 8 (3) SS Act 1998. According to reg 7(7) the date from which the decision should be superseded is "from the date on which entitlement arises to the other benefit referred to in reg 6(2)(e)(ii)"
notes in Rowland p 568 confirm this. We appealed a similar case which went back to the days of MIG and were successful.
Good luck.

I asked for backdating in similar case only to when PC awarded as did not know when the AA had been awarded for both. Without even asking they discovered had not been paid double SDP for 4 years and have just issued all the arrears. Took a while to actually get it paid after they acknowledged the amount due but they did it, with no quibbles!

Where a decision is superseded under Reg 6(2)(a) (relevant change of circumstances) then the usual rule is that the change takes effect from the date of reporting the change if it is later than one month following the actual change itself.

However where the decision is superseded under Reg 6(2)(e) (award of or increase of relevant benefit) then the award takes effect from the date of the award or increase of the relevant benefit, as you indicate.

Thus, technically, both you and the department are right. Was a specific request made to supersede under Reg 6(2)(e) and Reg 7(7) (I know you said Reg 7 was mentioned). When a specific request is made like this the Department usually accede to it (in my experience anyway, usually because someone actually bothers to check the law). It sounds like the Department have superseded under Reg 6(2)(a).

You could either request a further supersession under Reg 6(2)(e) or ask for a revision on grounds of official error.

Regards
Paul

Just to encourage you - I thought I'd screwed up a case through late action recently (see IS thread starting 13th June)- but the claimant recently got £11,000 arrears via reg 6(2)(e)!

Jim