Duty to disclose to all relevant agencies

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  • #22286
    holcat
    Participant

    Does anyone know of any Comms decisions that provide that claimants have a duty to notify all agencies concerned of any changes to their income/circumstances please. I seem to think that there was one but cant trace it – have looked at Hinch but dont think that will cover what I want. Many thanks 🙂

    #7419
    Kevin D
    Participant

    Cathy:

    A bit more info about the case may help. In the meantime, this earlier thread may be of interest:

    new.hbinfo.org.com/forum/viewtopic.php?t=6001

    Regards

    #7420
    holcat
    Participant

    Hi Kevin – thanks for your reply – I had looked at that thread earlier but it didnt seem to give me what I needed – the background to the case is a claimant who is saying that she told the Jobcentre of a change in her circumstances and assumed it would be passed onto the LA. I had in the back of my mind that there was a decision somewhere that set out that it is the claimant’s duty to notify all relevant authorities of any changes in their circumstances.

    #7421
    Anonymous
    Guest

    You might be thinking of CH/0939/2004, where the claimant said that a DWP officer had told him he didn’t need to report starting work to the Council because the DWP would send a notice through. If that was true, it would be official error (the case was sent for rehearing to investigate all the facts – something about dodgy rent receipts – the Commissioner doesn’t go into much detail).

    The Sier v Cambridge case is the one that Councils rely on generally where the LA or DWP might have done something wrong, but common sense says the overpayment was the claimant’s fault. Sier was pretty blatant – he moved to another town without telling Cambridge council and continued receiving HB for three years (he kept his Cambridge pad as a weekend retreat)! Although the local DWP didn’t pass on the information about his change of address, it was more Mr Sier’s fault than theirs that this overpayment happened.

    Other cases of IS/JSA(ib) ending are likely to be less brass-necked than that. The claimant will innocently assume that DWP provides a one-stop service covering all benefits. Innocent or not, it’s still the claimant’s mistake to fail to follow instructions to report changes direct to the Council. But if an official has said or done anything to encourage that assumption, and then the DWP doesn’t send the cancellation notice promptly, there may be an official error.

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