Reply To: Break in entitlement

#94689
Darren Broughton
Participant

Peem,

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

[url]http://www.osscsc.gov.uk/[/url]

The Commissioner’s Decision is here – [url]https://hbinfo.org/comdecs/ch_0269_2006.doc[/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.