Terms & Conditions

[aimee]

Difference of opinion within our Authority!

Claimant has one month to supply requested information. If information is not received within this month, claim is suspended.
Claim kept in suspense for one month and if requested information is still not received, then benefit is terminated from date it was suspended (or earlier if appropriate).

1) Any new claim received after termination of benefit should be processed from current date and claimant should request backdating to termination date, giving reasons why information was not provided within time given.
OR
2) Claimant has another month after being notified of termination to get the information to us which, if received within this month would allow us to reinstate benefit back to termination date.

All circulars and guidance notes are very clear as to the fact that we can terminate once a claim has been suspended for a month and that the claimant has no right of appeal against the decision to terminate, but if the claimant provides the council with the necessary information after a termination decision has been made, then the termination should be lifted [i:e3a588f5ee]if the council considers the delay to be reasonable[/i:e3a588f5ee]

Is it purely a matter of interpretation as to whether we give them yet another month or is that the DWP’s intention? 😕

[Anonymous]

My understanding is that :

1. It is debatable whether the claimant has no appeal right against a decision to terminate as made in the circs you describe. At best its seems against natural justice and a fairly arbritary policy by the DWP – I wish someone would appeal this point (oh they cant can they!) but maybe request a Judicial Review. I dont think this policy helps anyone as it fudges everything.
2. If the info is provided late and you accept the reasons for the lateness it is up to the LA to decide if they think its fair enough – I dont think it matters whether its one week or a month or 3 months late.

[Kevin D]

[quote:4ce28bc9b6]All circulars and guidance notes are very clear as to the fact that we can terminate once a claim has been suspended for a month and that the claimant has no right of appeal against the decision to terminate,[/quote:4ce28bc9b6]

Circulars and guidance don’t matter. Only the law matters. The legal postion is quite clear. If you accept that “opaque” became the new “clear”. 🙂 I’ve lifted a quote from a recent post which more or less sums up the current position:

[quote:4ce28bc9b6]Regarding rights of appeal etc against termination under DAR 14, the DARs indicate there is a right of appeal, BUT, the CSPSSA suggests otherwise. As an Act trumps a regulation, that is what counts. So, er, that’s it then? Well, no. There is an increasingly wide view that any challenge under the HRA (Article 6) would be completely successful. Indeed, informally, Cmmr Jacobs has indicated that he cannot see how such a challenge would fail. But, until it is considered as a relevant issue in a case actually before a Cmmr, the arguments shall continue.

As an aside, in my experience, more LAs than not are accepting appeals against terminations (accepting that the HRA argument is correct). [/quote:4ce28bc9b6]

[aimee]

Thank you, that was what I expected to hear. Can now send my training notes to that effect

[Author]

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