Reply To: DWP recalculate QB64/QB65 periods of overpayments

#8436
Anonymous
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D&A Reg 7C is supposed to cover it. I am going to explain this using the dreaded word “cancel”, which the Commissioners hate I know, but sometimes it’s the only way. Reg 4(7C) allows revision of any decision to cancel HB on the basis of a state benefit being cancelled if that state benefit is later reinstated retrospectively.

Suppose HB is only reduced, and not cancelled, because of the cancellation of a state benefit, and then the state benefit is reinstated? Does Reg 4(7C) cover that? No. But I think you could just about argue that 4(7B) does the job, although it is supposed to be there to cater for a brand new award of state benefit plus arrears.

It is also arguable that any reinstatement of a state benefit implies the original cancellation of that benefit must have been a mistake, in which case the HB cancellation was based on a DWP error and can be revised at any time.

And no, no time limit, because this is not a revision under Reg 4(1).