Date of claim for new liability

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  • #39328
    walmslm
    Participant

    Regulation 83 5(b) speaks about a person being “on” IS/JSA/ESA. What do people take the definition of “on” to mean? Entitled to and receiving? Just entitled to?

    The circumstance behind this is our customer made a successful claim for I/S however continued to receive the working tax credit run-on at the point of signing for their new property. Therefore they did not actually receive any I/S payments until a few weeks after their liability began.

    Does these meet the definition of 83(5)(b)?

    #111766
    Kevin D
    Participant

    Nearly all the available legal authority has found that “on” a passporting benefit is synonymous with being lawfully entitled to that benefit. In my view, the context of HBR 83(5)(b) allows a similar meaning to be applied.

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