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Forum Home  →  Discussion  →  Benefits for older people  →  Thread

Soooooooooo frustrating

J Hogg
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Welfare Benefits Advisory Officer, Elmbridge Housing Trust, Surrey

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Joined: 16 June 2010

I am stuck between a rock and a hard place, aka as LA HB dept and the Pension Service.

HB are saying,“we cannot seperately assess a claim if there is a PC AIF, ask the pension service to reassess and we will accept the new capital figure”

PS are saying “of course HB depts can reassess, ask them to do it”. This particular phone call also had a healthy dose of patronising as I was being told that changing her capital and hence her tarriff income, wouldn’t affect her HB claim, so why was I making such a fuss about it? Bloody cheek!

Meanwhile I have a tenant whose capital has reduced below £16,000 and would be in receipt of almost full HB if only I could get someone to reassess her bloody capital figure.

Nothing anyone can do but my (non adviser colleagues) just don’t understand the frustration.

J Hogg
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Welfare Benefits Advisory Officer, Elmbridge Housing Trust, Surrey

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Sorry Tony, there is no HB at all at present. I made a new HB claim (initially without the knowledge that the client was getting SC) on the basis that the client was on a low income and had less than £16,000. HB informed me there was an AIF including capital of £20,000+ (from about 4 years ago). Capital has reduced because obviously client is paying full rent and CTB.

Hence me now playing ping pong.

Robert Haigh
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Assessment Team, Lewes District Council

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Joined: 21 February 2011

Tony,

J Hogg is talking about 2 different clients/tenants

Tenant 1 has capital >10k but <16k in AIF, and has had a change in capital (perhaps below 10k)

Tenant 2 has >16k capital in AIF so cannot get HB until PS re-assess her income and cap.

hbinfopb is correct.

Good luck getting the pensions service to do the right thing. You will need to get your cases escalated or get lucky with whom you get on the phone.

CorbyCAB
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Corby CAB

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Ask your local Pension Centre for their Liaison Officer’s direct contact number. They can usually sort such problems out with the minimum of fuss.

I’ve used our local PCLO for very similar situations in the past and obtained a recalculation of a client’s savings with the minimum of fuss, once documentary evidence has been submitted by the client.

Pete Jayes
Older Persons Outreach Worker/Home Visitor

tlerwillage
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Benefits Officer, Age UK, Shropshire

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I’ve found a formal complaint quite useful in such circumstances - especially if Pension Service are giving out wrong information.

CharlieK
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Welfare Benefits, Charter Community Housing, Oxfordshire

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I have had the exact same situation and have been pulling my hair out with the PS trying to get them to revise capital figure.  I wish i could tell you i had the answer but I’ve been trying to sort this particular case out for 18 months now!

Peter Turville
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Welfare rights worker - Oxford Community Work Agency

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CharlieK - why not contact Oxfordshire Welfare Rights for further advice if your client lives in Oxon

Matthew Simpson
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Caseworker, Eaga PLC, Newcastle

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Im confused.  I can understand that the PS are wrong, however i can’t see why the LA cannot progess a claim if the claimant can prove their means. 

Can someone please clarify.

Thanks

Robert Haigh
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Assessment Team, Lewes District Council

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Matthew Simpson - 19 April 2011 04:55 PM

Im confused.  I can understand that the PS are wrong, however i can’t see why the LA cannot progess a claim if the claimant can prove their means. 

Can someone please clarify.

Thanks

the LA must use the income details as assessed by the PS (assessed income figure), they have no choice.
with some exceptions.
If customer has a Savings Credit claim and there capital goes up from that assessed by the PS then the LA can adjust the capital/tariff income.
for earned income disregards
and
for maintenance

it is reg 27 of the 60+ regs

edit:
http://www.legislation.gov.uk/uksi/2006/214/regulation/27/made

[ Edited: 20 Apr 2011 at 12:05 pm by Robert Haigh ]