Reply To: Break in entitlement

Darren Broughton


Where reference is made to CH…..these are Commissioners’ Decisions.

They can be found in the Caselaw section of this site, and on the Commissioners’ website


The Commissioner’s Decision is here – [url][/url]

In this, the commissioner said that you cannot supersede a nil entitlement decision, and that if you did, then any benefit paid would not actually be HB and so any subsequent overpayment would not be recoverable using the HB regs. Also, no subsidy.