Can anyone inform me if they have had any cases where PC (GC) was awarded from Oct 2003, but HB/CTB was ignored as capital was more than 16000? If so, how have you tried to remedy the loss of HB/CTB over 52 weeks?

If the GC was awarded at the time as an ongoing entitlement (from the start of the PC scheme), the Pension Service were supposed to inform the LA to make the HB award at the same time (para 281 of the DWP's own "HB/CTB pension credit handbook").

If the GC was awarded retrospecively as part of the year 1 special rules, the LA was supposed top treat the HB award as made from the GC award date (para 460 of the above guide).

I have not had cases as you mention, but sometimes come across local authorities still uncomfortable with the idea that the £16,000 capital rules is no longer universal. It sort of reminds you of those soldiers, hiding on desert islands in the pacific, who refused to believe that the second world war had been over for decades.

Here is the web address for the above DWP handbook:

http://www.dwp.gov.uk/housingbenefit/publications/2003/pensioncreditr/hbctbpensioncredithandbook.pdf

When was the local authority first informed of the GC award, and by whom?

Steve

Steve

No, as the Pension Service ticked no HB/CTB claim on the app form and therefore the indicator would not have been ticked on PS system for HB notification. Shame as it would have been useful!

And I know what you mean about the soldiers and desert!

Thanks

If the Pension Service ignored the HB/CTB possibility because of clients capital, that is clearly straight official error, and I suppose you could construe it as wrong advice for backdating purposes. As you say, the trouble is going back beyond 52 weeks.

If nothing else, I think the Pension Service should be thinking about an gratia payment, unless I have got the wrong end of the stick.

Steve

if it's any help, the issue of an urgent HB memo in Feb. is an acknowledgement of the problem at the LA end - not the pensions Service end though.

http://www.rightsnet.org.uk/cgi-bin/sub_client/search.cgi?template2=news/user_details2.htm&output_number=1&news.ID=21151715427

it's friday and my brain has shrivelled up, so i'm not sure whether there's a chance of an 'any time' revision under HB & CTB (D & A) regs (2)(a) - DWP actions are official errors - but if not,i'd agree - ex-gratia payment