Defective Claim ref

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  • #21064
    sharonwarner
    Participant

    Hello everyonem typically silly Friday question I’m afraid.

    I have been working on a claim for almost 3 months trying to get information from a claimant.

    Despite an arrest warrant being issued for him after he failed to appear at Commital court, he will not respond to my phone messages or letters and so I need to make his claim defective.

    I would have done it under Reg 76 due to failure under Reg 73 to provide the information but can’t find it in the new regs.

    Could anyone point me in the right direction? Many thanks for your help in advance on this Friday afternoon!

    A bit tired & confused from Farnborough.

    #4270
    aosulliv
    Participant

    You could use this text:

    We wrote to you on requesting details needed to process your application for Housing Benefit and/or Council Tax benefit. I have made a decision that you are not entitled to benefit under regulation reg. 83(1) of the Housing Benefit Regulations 2006/ reg.64(2) of the HB (SPC) Regs 2006 as you have failed to comply with section 1(1)(a) of the Social Security Admin Act because you have failed to provide the information requested.

    #4271
    gerryg
    Participant

    Reg 73 is now Reg 86.

    Reg 76 is now Reg 89.

    If you are thinking of the “no duty to decide” provision that used to be in Reg 76 that was repealed as it was ultra vires. Now you have to make a decision based on the info you have and go down the “adverse inference” route if you think it is an effective claim.

    If you really are looking at a defective claim (i.e. one not made in the right manner at the right time) that is in Reg 83.

    Hope that helps

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