I would like clarification of the recently amended HB Reg 72BA regarding Pensioners and their time limits for claiming.

I understand that the Circular A31/2004 says,'The prescribed time for claiming HB for a person who has attained the qualifying age for State Pension Credit is the day the person is entitled to HB and a period of 12 months thereafter.'

How does this apply to a pensioner who has a gap of 12 months or less in their HB and they are well above the qualifying age? For example, they are over 60 and have previously been in receipt of HB since they turned pension age, but a gap has since arisen. Could they get automatic backdating for up to 12 months?

Yep...

The claim should have automatic backdating at the time it is made....

IO would guess that this is a mistake by the LA, and a quick telephone to it's helpline should put things straight, (or to a Team Leader if you have a contact phone No. as problems like these are clearly administrative, and the person at the LA should put in right as soon as they see it is wrong, without the claimant having to make appeals etc).

Many thanks for your clarification.