Date from which up-rated Incap Ben taken into account in HB/

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  • #22601
    Anonymous
    Guest

    Clt appealing taking increase in Incap Ben into account from 1.4.06, rather than date aactually paid ( 13.4.06 ) Any known caselaw ?

    #8765
    markp
    Participant

    Can’t give you caselaw but Reg 79 (3) (a) HB Regs 2006 (presuming your claimant is under 60) covers this therefore the appeal falls into the old “misconceived” scenario. Therefore there is no prospect of success but you still need a full submission.

    Do I know what I'm doing? The jury's out on that........................

    #8766
    Anonymous
    Guest

    I don’t think you need any case law, this is clearly stated in the regulations – Reg 79(3) of the HB Regs 2006

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