Award of JSA(IB) – Do we have to pay HB ??

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  • #31740
    tiggie67
    Participant

    We have a case under investigiation by the DWP for LTHAW, however DWP has paid a period of JSA(IB) then stopped because of investigation by their Fraud team, the decision is now open ended.
    Claimant and CAB want us to pay HB for this period however if investigation is conclusive the award of JSA will be revoked.
    Is there a reg whereby we are ‘allowed’ not to pay in these circs.
    Any thoughts anyone?
    Thanks for your assistance.
    Stevenage BC

    #88794
    peterdelamothe
    Keymaster

    You are bound by the DWP decision but you can suspend payment if there is a reasonable doubt about the person’s entitlement. There is a right of appeal about this too (I think Judge Jacobs confirmed this but it is Monday morning ….).

    However, there is an issue of reasonableness here. Investigators are often rather optimistic about their investigations; as the decision-maker you need to look independently at the evidence. It is clearly unacceptable for this to go on too long and you dont want to be put in the situation where the claimant is evicted and then you find out the investigation was dropped for lack of evidence.

    On balance therefore, I think you should pay HB unless the evidence is compelling.

    #88795
    Anonymous
    Guest

    I’d agree with Peter here. By not paying out, you’re almost being ‘Judge & Jury’ with regard to the investigation.

    Awarding benefit & then suspending would, in my view be withholding payment of Benefit, as there seems to be no doubt in the DWP’s mind relating to that period. Seems as if they are happy enough to make a decision on that one past period.

    Not sure if the DWP then turn round & say that the preiod in question has been overpaid, that it may be an official error on their part? Surely they would have thoght of this before deciding?

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