Terms & Conditions

[dosanjh1]

From what day would one cancel HB / CTB when the claiment has requested a mid week canx date?

I dont see the point of leaving benefit open to the end of the benefit week if the claiment has specificaly requested a mid week cancelation date.

Thanks

[Kevin D]

Two options spring to mind:

1) draw an inference that there is no rent/CTAX liability – that would allow a “midweek” end; or

2) if you know that liability hasn’t ended, you’re stuck – it must be a supersession from the following Monday.

Regards

[walmslm]

Kevin

Even if rent liability was to end on a mid week date would this not have to be classed as an end on entitlement and therefore the claim would be ended from the following Monday?

[Kevin D]

Yes. And no. 🙂

[b:340bec53b0]HBR 80[/b:340bec53b0] is the fly in the ointment. Technically, HB is payable for the whole week. However, HBR 80 requires that eligible rent is calculated on a daily basis, along with apportioned income & applicable amounts. So, although HB is payable for the whole week, it is at a lower apportioned rate and has the practical appearance of a mid-week termination.

Or, do you think that’s a load of old……? 😕

Regards

[Anonymous]

Just been looking very closely at Reg 80(4)(b) and paras (2), (2A), (2B) and (8) of Reg 79.

At first sight, you think, to quote Kevin, “what a load of old ….”. On the one hand, para (8) is saying that the kind of change referred to paras (2) and (2A) goes forward to next Monday if it ends entitlement; but on the other hand Reg 80(4)(b) is saying you split the week down in any case so what is the point?

But I think this is how it works: Reg 80(4)(b) requires you use a part-week’s rent in a case where a change under Reg 79(8) takes effect other than on a Monday. I reckon that can only happen when a daily hostel payer moves out. In any other case of rent liability ending, Reg 79(8) says it takes effect on a Monday, and if it takes effect on a Monday then Reg 80(4)(b) doesn’t apply.

So the conclusion of all this tortuous cross-reading is that the claimant would get a whole week of HB in the circumstances described above. Otherwise, the carefully crafted Regs 79 and 80 would be largely useless.

[Author]

Posts