Terms & Conditions

[Anonymous]

Right, so, a claimant has a new baby. They have notified us within a month, so no worries there. Child Benefit has been claimed but not yet awarded. The smart, sensible thing would be to take Child Benefit into account straight away, pending it’s award. But……

I can’t see a legal basis to do that. It’s not notional income under HB reg 42(2) because it [i:89e42e1b0c]has [/i:89e42e1b0c]been claimed, it’s just that the clt hasn’t got it yet. And we don’t [i:89e42e1b0c]know [/i:89e42e1b0c]that our claimant will get it. Of course it’s 99.9% certain, but we can’t be [i:89e42e1b0c]sure[/i:89e42e1b0c]. So until the claimant gets it we can’t take it into account.

When it is awarded, fine. Revise or supersede. Sure this will create an overpayment, but no-one ever said that HB was smart or sensible. I can’t see that there is anything to say we can do otherwise.

I vaguely recall this being mentioned in a circular ages ago but, of course, I can’t find it.

I suppose the one way to go about it would be to “suspend in part” under reg 14 of the Decisions and Appeals Regs. But then our software doesn’t allow for that. I don’t know of any system that does!

I’d be grateful for any thoughts,

Darren

“If there’s a new way, I’ll be the first in line.
But it better work this time……”

[Kevin D]

*cough* Got to say, I’d simply assess based on Ch Ben.

But, there is (just) a way of justifying it. Howabout including Ch Ben and then edit the notification letters to make it clear that HB/CTB has been partially suspended to the extent of the amount of benefit that is affected by the inclusion of Ch Ben?

So long as the file notes are clear, and the notification letter(s) are clear, the manner in which you use the tools (i.e. the dreaded computer system) is nothing other than a means to reach the intended (and correct) position.

Does that help?

[Anonymous]

Hi Kevin,

Yeah, I know I’m being a bit pedantic, but it’s my job just now. I know that that sensible thing to do is to assume the CHB, but I can’t legally justify it.

I think that as my post rambled on I stumbled on the answer – suspension in part. I agree that the way to do it is include the amount of the CHB award, though perhaps I might call it something else pending receipt of the CHB, then explain on the decision letter that the claim was suspended in part.

There, that works (sort of). Another lash-up bodge-job in the name of benefits……

Cheers,

Darren

“If there’s a new way, I’ll be the first in line.
But it better work this time……”

[Author]

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