Evidence of child care costs

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    Jo Gregory

    Customer completed a review form and declared CCC of £175.00 per week. The customer is working.
    However, we asked for evidence of child care costs (receipts etc) and the date the costs started. The customer has not provided the evidence requested, so we have cancelled her benefit claim from the paid up to date. She has provided all other evidence in support of her claim.

    By adding child care costs to the claim would increase HB entitlement (advantageous change). Therefore, I do not think it is enough grounds to cancel the claim under REg 83 – failure to provide information.
    Please can I have your thoughts on this.

    Chris Robbins

    If I have got this right, your working customer had an ongoing award of benefit and when asked to confirm her current circumstances stated she had CCC of £175.00 p.w. She was asked for evidence that they could be disregarded and failed to respond.
    I assume that the award as it stood did not include CCC and that her review form showed no other change of circs.
    Reg 83 does not allow you to ‘cancel’ an award – or in the correct terminology to make a superseding decision which ends entitlement. Those provisions are in the D&A Regs.
    When she failed to respond to your query what happens next would depend on what you had done when you made the request for info. In other words did you suspend the award under DAR11? As the only potential change in circs appears to be advantageous I suspect you did not. If so, you had no grounds for terminating your customers award. That could only be done by employing DAR14, and you could only use those provisions if the award had first been suspended.
    In any event, if the only change of which you had been made aware was advantageous, why would you want to end the award? Maybe she didn’t respond simply because she knew the payments she makes are not eligible to be disregarded.

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