Cancellations re 52 Weeks Nil Entitlement

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  • #22881
    Anonymous
    Guest

    Hi all

    Can you please help

    We have traditionally cancelled claims after 52 weeks of nil entitlement

    Trouble is, I now cannot find anything in the regs….

    Can we actually do this anymore?

    Thanks

    #10029
    jmembery
    Participant

    A claim ends on the first day of nil entitlement.
    When you choose to cancel it on your system is your own business and not covered in the regs.

    I don’t understand, however, why you wait a year?

    #10030
    Anonymous
    Guest

    Which reg is the nil entitlement cancellation covered by? thanks

    #10031
    Kevin D
    Participant

    A claim ceases to exist once it is decided. Any benefit becomes an award of entitlement based on that claim. Once such an award ends, no further benefit can be paid without a new claim.

    [b:00643f1cb5]CSPSSA 2000; Sch 7, para 2[/b:00643f1cb5]

    new.hbinfo.org.com/menu2/acts/cspssa2000.shtml#index72

    Regards

    #10032
    Anonymous
    Guest

    Sorry – mixing terminology – we cancel awards after 52 weeks of nil entitlement – is this actually an end of an award?

    #10033
    jmembery
    Participant

    Sorry, my first e-mail was a bit sloppy.
    Kevin’s e-mail was precise and, as usual, correct.

    The end of the award comes when the claimant first has nil entitlement.
    When you say “cancel” I assume you mean to end the case on your computer system, which, as I said in my previous e-mail, is down to you when and how you do this.

    The regs allow you to “terminate entitlement”, but in the case you are talking about the NIL award means there is no entitlement to terminate.

    #10034
    Kevin D
    Participant

    To add to jmembery’s post…..

    As Jeff said, if you have a claim, but there is nil entitlement, there is no award. Therefore, the claim ceases to exist – irrespective of what a computer system says. The computer system is simply a tool used in the administration of a claim – the legal status of the hard paperwork is not affected by the computer system.

    Most LAs I’ve worked at simply “cancel” down claims on their HB system – usually to stop the system generating rubbish correspondence at uprating and other “significant” dates (e.g. birthdays).

    However, I do know of one LA that deliberately leaves nil entitlement cases “open” on their HB computer system for two weeks only – they use IBS. This is actually not a bad idea (specific to IBS) simply because it is then easier to view the income / household details etc when displaying the claim if there is a subsequent telephone or counter enquiry.

    Regards

    #10035
    pslamb
    Participant

    Could I just clarify something?

    If a claim is paying partial Housing Benefit and no Council Tax Benefit, then has a change of circumstance (for example drop in earnings) would we have to amend the Housing Benefit, but request a new Council Tax Benefit application as the Council Tax Benefit was closed due to nil entitlement?

    #10036
    Anonymous
    Guest

    PSLamb
    I think that you have it correct there.
    As Kevin and Jeff have said above, once there is nil entitlement – then that’s yer lot!
    We make seperate decisions on HB and CTB so a nil entitlement decision means the end of one claim (HB for example) even if the other one (CTB) runs on. 8)

    #10037
    pslamb
    Participant

    Thanks Jon

    #10038
    Kevin D
    Participant

    Although…. depending on the wording…..

    You could treat the clmt’s correspondence as a claim (even if as a defective claim that has to be rectified).

    #10039
    Darren W
    Participant

    Just to add to what others have said, we do not manually end our nil entitlement claims. Instead we run a report once a week that ends all claim parts where there has been nil entitlement for 33 days. The reasoning for this is that it gives them time to appeal against the decision, which if succesfull means we do not have to set-up the claim again.

    #10040
    Anonymous
    Guest

    Sorry for needing to clarify this further – I hope that it is the start of the week feeling.

    If a claim is nil entitled due to high income but we know that later on they will be entitled – i.e. working and income too high and then stops work and onto Income Support (IS) – would we need a new claim for the working period which would be nil entitled and then another when the IS kicks in?

    What is reg 83(10) for when it says about 13 weeks rule?

    #10041
    david farrar
    Participant

    pmdennison

    A) Have they submitted an advance claim as they knew they would be going onto Income Support at time of claiming?
    or
    B) have they made an in work claim which has been refused as income exceeds, and then later have had a change of circumstance by going onto Income Support?

    In case A then you would treat claim as made in week before entitlement would begin. e.g. date Income Support is awarded.

    In case B, as the in work claim has been refused, it ceases to exist. Therefore a new claim would be required for the period on Income Support

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