13 week protection

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    I might be being a bit dim here and over thinking something to much but just wanted peoples opinions on this appeal;  We have a claim where the customer claimed in 2nd Nov, with form submitted in a month (2nd Dec), so awarded HB with 13 week protection from early Nov. 

    When clmt received her award letter at end of Dec she called to advise that her pay would be substantially higher during dec and jan but from Feb she'd be on SMP and her Baby was due end of Jan which is when she would really need the help.

    She was then advised that  the 13 week prot would end in Feb and she'd get a much lower amount of benefit.  Customer very unhappy now and claims she advised of her circs when she made the claim and we mis advised her (processing her claim straight away instead of suggesting a claim in advance from Feb onwards).  One thought of getting around this was to cancel her entitlement from Nov to Feb  and process as a claim in advance from end of Jan when baby was born and award the 13 week prot from then.  On basis that wouldn't have had bens in prev 52 wks due to being with drawn????

    I'm a little uneasy with this a) because if we went down this route the OP could only ever be LA error unrecoverable and b) because she was entitled to benefits for all of November.

    Any thoughts/help/ideas gratfully received.


    My other thought was to look at awarding DHP?


    I assume it’s a LHA case? So her benefit will go up due to the birth of her child – has she taken this into onsideration or is she looking at the HB she would have been entitled to at the end of the 13 weeks, without the child?


    We did look at it with a Child inculded, her appeal is based on that if we’d processed her claim from when child was born and she goes on to SMP her HB would have been based on full rent amount not restricted to LHA rate. To be honest we don’t often get people complaining that we’ve paid them benefit to early.


    Would she have been entitled to any HB from November without the 13-week protection?

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