DWP word final????

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  • #31639
    robert12
    Participant

    Could someone please confirm – if DWP make a decision that a claim is now JSA (IB) but was contribution based and we refused the council tax benefit claim as we felt she has deprived herself of capital and she is now appealing our decision.

    DWP are now aware she received quite alot of money from the sale of her house (as on her DWP form she stated she did not receive monies from house sale) and are looking into it further and i have provided information to them.

    My question is – if DWP come back and confirm JSA (IB) will remain in payment, do we then HAVE to pay council tax benefit or can we make our own decision??

    #88458
    Anonymous
    Guest

    If the DWP are aware of all the facts but positively decide that the claimant is entitled to JSA(IB), you would be bound by that decision.

    #88459
    Anonymous
    Guest

    Look at the “Hamilton” & “Menear” cases. Both are, I believe, in the case law section of this site.

    #88460
    Kevin D
    Participant

    “Hamilton” has been given a thorough dissection in [b:75ffe3ebec]GB v LB Hillingdon (HB) [2010] UKUT 11 (AAC)[/b:75ffe3ebec] (aka CH/1987/2009). It doesn’t fundamentally change anything, but there is some useful clarification.

    #88461
    Anonymous
    Guest

    If it was JSA(C) and has exhausted and is now being assessed for JSA(IB), then it suggests she has been in receipt of JSA(C) for six months. So would a diminshing notional capital calculation reduce her notional capital to the point where HB is payable, in line with a JSA(IB) award?

    The capital, notional or otherwise, would have had no effect on a JSA(C) claim.

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