Bit confused, regulations changed to allow 3 months automatic backdating of PC and HB/CTB for 60yrs plus claimants, with 6 months available for those of working age under good cause provision...does this mean you can't access an extra 3 months for those 60+ claimants under good cause route.....understand that this easement is viewed as temporary and Goverment's intention is for 3 months to apply to both client groups.

That's how I read it....

Wed 17-Sep-08 04:53 PM by sanwyp

Have a look at DWP circular......my brain is now too weary to take in the rather complicated way you assess who gets access to 6 months backdating. Excluding anyone does not sit easy when you deal with vulnerable people who would benefit from the good cause provision.

Regulation 83 para 12 doesn't make reference to age and so I would expect over 60s to be able to use this to request additional 3 month backdate on top of the automatic backdate that does not require good cause.

As you say it is a temporary easment - at the recent NAWRA meeting in Glasgow information was given that there is an e-petition asking that this change be stopped.

The deadline for signing is 01-11-08
http://petitions.number10.gov.uk/backdating-bens/#detail

Given the importance of the issue it is, in my opinion, worth signing and encouraging every one you know to do the same.

Have to admit I was just piggy backing on this thread to get the link to the peition in and not considering the issue properly - I might as well correct myself to save others the job.

Reg 83 isn't relevant if caught by reg 5 of HB regs & need to look at reg 64 of HB(SPC) regs & the amendemnt to both the automatic & good cause backdating is changed from 52 weeks to 3 months.

Thu 18-Sep-08 10:13 AM by jackson

But regulation 83 is in the HB regulations 2006 and not in the HB regulations for "people who have attained the qualifying age for state pension credit". Those regulations are completely different and it appears that there is no BACKDATING provision in those regulations. In those regulations it is just the automatic 12 months rule that has changed to 3 months.

Well, there is a "good cause" backdating provision in the Pension Credit age HB regs (HBR(PC) 64(13)), but, in my view, it's useless......

Just one other point. SOME claimants, aged 60-64, will still fall within the working age regs - see reg 5 in both the working age regs and pension credit age regs.

I see I was too slow to save others correcting but have to say I am impressed by such speed & dedication.

I hope that means you're signing the petition and encouraging others to even if it seems too little too late.