Reply To: Extended Payment

#8665
Anonymous
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I am entirely in agreement with Kevin on this issue, and think the auditors are being led astray by the wording of the DWP guidance.

Starting work [i:df9100b90f]is[/i:df9100b90f] a change of circumstances, with or without an EP award, and to say that it is not is utterly misleading. What the DWP should be saying is that starting work when an EP award is made is [i:df9100b90f]not like[/i:df9100b90f] other changes of circumstances. The reason why it is different is because it is a change which requires us to bring a benefit award to an end, rather than simply adjusting the amount payable.

To think, then, that the effective date of change for EP/non-EP cases is different is also wrong (if it was, it should be explicitly stated in the regs). Where an EP is awarded the decision maker should end entitlement to maximum HB/CTB on the same date and using the same rules as one would end entitlement to maximum benefit in a non-EP case. In other words, where the last day of entitlement to IS/JSA(IB) is a Sunday, maximum HB/CTB is payable to the Sunday of the following week, regardless of whether an EP is awarded or not. The [i:df9100b90f]only[/i:df9100b90f] difference for EP cases is that they must complete a whole new application, rather than just providing evidence of their new income.

From the DWP Guidance Manual:

‘Change – Benefit paid under the 1992 Act ends

Change takes effect from – The day immediately following the last day of entitlement to that benefit’

…and…

‘The change…occurs on the first day after IS/JSA(IB) entitlement has ended not on the last day of entitlement. For example, if the last day of entitlement is a Sunday, the change of circumstances occurs on the Monday. Benefit entitlement will end with the last day of the benefit week in which the change of circumstances occurs (in this case, the following Sunday)’

I would quite happily beat an auditor over the head with that until they see reason!