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Pension Credit or UC
Any time revision under Reg 4(7C) of the HB and CTB (D&A) Regs 2001:
(7C) Where entitlement to housing benefit or council tax benefit has ceased (“decision A”) because entitlement to a relevant benefit within the meaning of section 8(3) of the 1998 Act has ceased (“decision B”), decision A may be revised at any time if the entitlement to the relevant benefit to which decision B applies has been reinstated in consequence of a decision made under section 9 or 10 of the 1998 Act or an appeal under section 12 of that Act
Fits like a glass slipper on Cinderella
Thanks so much, I thought there was something but was driving myself mad trying to find it. Cheers Peter, much appreciated.
Problem is, I can’t find the equivalent provisions for PC.
Reg.3(7) of the D&A Regs 1999 requires an award to have been made, and the commentary in Sweet and Maxwell is pretty clear that therefore it can’t be used where an award has terminated but then helpfully (not) says you’ll need to look elsewhere without giving any clear pointers as to where this might be.
Thanks Paul!
We were told yesterday that no new Working Tax Credit claims will be possible from 1 February 2019, as I thought might be the case Andrew.
Thanks Paul!
We were told yesterday that no new Working Tax Credit claims will be possible from 1 February 2019, as I thought might be the case Andrew.
So, from Friday next week, there’ll be no new WTC claims from e.g. in-work pension-age claimants who can’t get UC - is that right?
I know that, long-term, there’s a gap in the post-WRA 2012 universe where in-work support for pension-age should be.
However, I didn’t realize that a definitive decision had been made not to fill that gap, nor did I expect that this sort of support would be withdrawn so soon.
Are they planning further legislation before 1 Feb?
[ Edited: 23 Jan 2019 at 12:42 pm by Jon Blackwell ]
So, from Friday next week, there’ll be no new WTC claims from e.g. in-work pension-age claimants who can’t get UC - is that right?
Could it be no WTC claims for anyone?
Thanks Paul!
We were told yesterday that no new Working Tax Credit claims will be possible from 1 February 2019, as I thought might be the case Andrew.
So, from Friday next week, there’ll be no new WTC claims from e.g. in-work pension-age claimants who can’t get UC - is that right?I know that, long-term, there’s a gap in the post-WRA 2012 universe where in-work support for pension-age should be.
However, I didn’t realize that a definitive decision had been made not to fill that gap, nor did I expect that this sort of support would be withdrawn so soon.
Are they planning further legislation before 1 Feb?
We were meeting them to talk about mxied-age couples so they may be thinking of pension age people only here.
So, from Friday next week, there’ll be no new WTC claims from e.g. in-work pension-age claimants who can’t get UC - is that right?
Could it be no WTC claims for anyone?
That’s how I interpreted Paul’s comment (no new claims for WTC for anyone). Since most new claims working-age will be going to UC anyway, I mentioned pension-age in-work as that’s the largest group affected by this change ( but there will be others.)
That is alll assuming that I’ve interpreted Paul’s comment correctly and that the information is correct.
.
Problem is, I can’t find the equivalent provisions for PC.
Reg.3(7) of the D&A Regs 1999 requires an award to have been made, and the commentary in Sweet and Maxwell is pretty clear that therefore it can’t be used where an award has terminated but then helpfully (not) says you’ll need to look elsewhere without giving any clear pointers as to where this might be.
The case law says any time revision on the official error ground would be available. Somewhere I have the reference
This is the one you want. Compares and contrasts two earlier cases and comes down on the side of official error.
It’s surprising there is no equivalent of Reg 4(7C) in the 1999 Regs, but where it involves a Tribunal appeal I think official error covers it.
Do you want to check link Peter - doesn’t seem to work
http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=4519
Better?
This one was about recovery of overpayments in HB, but I cannot see anything in the definition that would lead to this decision not applying to the 1999 D&A Regs as well.
That’s how I interpreted Paul’s comment (no new claims for WTC for anyone). Since most new claims working-age will be going to UC anyway, I mentioned pension-age in-work as that’s the largest group affected by this change ( but there will be others.)
That is alll assuming that I’ve interpreted Paul’s comment correctly and that the information is correct.
I’ll be honest Jon and say I haven’t got a scooby. As above, we asked DWP yesterday when it would be that no new Working Tax Credits claims could be made and they said 1 February 2019.
Whether that is intended to affect everybody, or whether they meant only mixed-age couples, I really can’t tell you. I’ll try to follow up to see if we can get any clarity.
This world of Commencement Orders is an absolute pain to understand, I’ve never seen anything so dense and so incomprehensible.
http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=4519
Better?
This one was about recovery of overpayments in HB, but I cannot see anything in the definition that would lead to this decision not applying to the 1999 D&A Regs as well.
Thanks Peter, it’s slightly worrying to say the least that we’d be relying to case law rather than statutory provision through regulations.
That’s how I interpreted Paul’s comment (no new claims for WTC for anyone). Since most new claims working-age will be going to UC anyway, I mentioned pension-age in-work as that’s the largest group affected by this change ( but there will be others.)
That is alll assuming that I’ve interpreted Paul’s comment correctly and that the information is correct.
I’ll be honest Jon and say I haven’t got a scooby. As above, we asked DWP yesterday when it would be that no new Working Tax Credits claims could be made and they said 1 February 2019.
Whether that is intended to affect everybody, or whether they meant only mixed-age couples, I really can’t tell you. I’ll try to follow up to see if we can get any clarity.
This world of Commencement Orders is an absolute pain to understand, I’ve never seen anything so dense and so incomprehensible.
Cheers, Paul.
I now see that revenuebenefits have been told the more or less same ( no new claims for any tax credit for https://revenuebenefits.org.uk/universal-credit/guidance/who-can-claim-universal-credit/pensioners/
- “It is expected that it will no longer be possible to make a brand new claim for tax credits from 1 February 2019.” )
The article also gives 1 Feb 2019 for the mixed-age boundary change - it was written before we got the regs confirming 15 May for that.
@Daphne - I don’t think I’ve seen a news story about this ( obviously the start of pension credit child element has already been covered ) also, is it worth starting a new thread for this?
Just thinking through the impacts if pension-age claimants can’t get tax credits…
WTC counts £ for £ against guarantee credit (and there’s no capital limit for either) so some pension-age workers will be no worse off claiming pension credit. Some on CTC might be actually be better off on pension credit rather than on tax credits as the pension credit child element has a no 2-child limit and (sometimes) higher support than for CTC blind child. However, I’d expect that many will end up worse off (partly due to the taper and threshold) and that’s before you factor in the loss of any WTC disabled worker and child care elements which will have no equivalent under the new regime.
Unfortunately, it’s getting a bit late for a take-up campaign. Just over a week to go and still no regs for this.
@Daphne - I don’t think I’ve seen a news story about this ( obviously the start of pension credit child element has already been covered ) also, is it worth starting a new thread for this?
No there isn’t any news story about the WTC claims stopping because there hasn’t been any news! Only what people (including revben) have been told. Obviously as soon as there’s a commencement order we will get it up as soon as possible.
I’ve started a new thread as you suggest - https://www.rightsnet.org.uk/forums/viewthread/13994/ - so let’s use that for the WTC stuff…