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Pension Credit suspended and ended
A tenant had their Pension Credit ended in 2019. From notes on our HB system I believe it was ended under Reg 18 of the D&A Regs, but the tenant denies ever having received any letters. Given the potential underpayment of PC and HB I’m willing to at least help them ask DWP for copies of the suspension and decision letters so we can see if there’s any official error.
For a couple of reasons I’m starting off by drafting a letter for him.
I have two questions:-
1. Does anybody know where in the DWP I should address the letter?
2. On the legislation.gov.uk site, is there something wrong with Reg 17? It looks to me like two regulations stuck together - and looking at the amendments isn’t really helping me. There’s Reg 17 (1) to (6) and then there’s another (1) to (7) about tax credits: https://www.legislation.gov.uk/uksi/1999/991/part/III/chapter/I
Do they have any letters from PS at all as that’s usually the address we’d tell people to write to?
On the reg.17 issue, I’ve found a slightly different version to yours but it also does the repeating content thing.
https://www.legislation.gov.uk/uksi/1999/991/regulation/17
My copy of Sweet and Maxwell in the notes states a different version appeared in a previous edition following amendments made in respect of tax credits which is presumably where the problem arose in the first place?
This is standard practice for consolidated legislation when an amendment is made for some purposes, but not for others. Basically, both versions are presented, each within a set of brackets, with both sets of brackets linking you to the same footnote explaining how the different versions came about. In your case, as Paul says, it came about due to amendments made only for the old-style, long abolished, tax credits.
You can find the address to write to here:
https://www.gov.uk/find-pension-centre
EDIT: Just happened to come across another example of this sort of consolidation now: Reg 11(1) of the HB Regs 2006.
https://www.legislation.gov.uk/uksi/2006/213/regulation/11
Thank you Paul and Charles.
I found it surprising that it’s so unclear on the legislation.gov.uk website - I looked at the footnotes, and even looked at the amending legislation, but couldn’t easily work out how an amendment for Tax Credit (made later the same year) which completely replaced Regs 17 and 18 could sit alongside the original. Presumably this is because the amending regs state that they have effect with respect only to tax credit? I suppose at least I’ll know to look out for it next time!