Reply To: full case reviews and temp accommodation

#286589
Andy Thurman
Keymaster

“Drat!
I clearly was missing some essential part of the jigsaw”

Actually, I think you have identified the missing piece!
You have commented on the lack of legislative back up to this and you are correct. That this is what DWP want rather than a requirement under the law.
If you KNOW that a claimant remains in occupation/liable and you hold their true, current income etc., then what grounds do you have to end their HB?
I hear rhetoric along the lines of “they haven’t completed their review form so it’s their fault” – quoting rules for terminating entitlement as justification – but, no, it is not their “fault” and (subject to the presentation of an appeal) would not impress a tribunal.
The regs allow for suspension where there is a reasonable doubt over entitlement and for an LA to request “reasonably required” info/evidence.
Also, why would you want to end someone’s HB due ONLY to a failure to engage/jump through arbitrarily decided hoops if you KNOW they need to pay rent for the place they are living in and have insufficient income to do so?

To be clear, I actually have no problem with DWP demanding “in award reviews” are conducted but this should not extend to an ignorance of already known facts i.e. there should only be a need to confirm things in the simplest, most painless way for the LA and the claimant.