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Pension Credit closure query
Our new tenant’s Attendance Allowance had stopped in January after being in hospital/residential care for more than 28 days but her Pension Credit has continued to be in payment. Looking at her income, her entitlement to PC was only possible due to the Severe Disability Premium so I figured this was wrong and she would have an overpayment. As I needed to update them with her new address, I called the Pension Service to all explain her loss of Attendance Attendance in January but that it had now been put back into payment (due to longer being in residential care). They said they were notified that her Attendance Allowance had stopped so any overpayment will not be recoverable due to official error but that they will have to close the claim and she will need to reapply. The only problem with this is that her previous claim had an Assessed Income Period, and the tariff income from her current level savings is now too high for her to qualify if she made a new claim. And this means no entitlement to Housing Benefit. Is there any way around this, for example could it be treated as closed supersession period instead?
This response from Stainsby would appear to suggest it can be possible to argue for a closed-period supersession. .
https://www.rightsnet.org.uk/forums/viewthread/19376/#91376
However, I’m not sure that the AIP can continue regardless.
End of assessed income period
12. An assessed income period shall end -
(a) at such time as] the claimant no longer satisfies a condition of entitlement to state pension credit;