Terms & Conditions

[Amanda Gordon]

I would appreciate any advice on the follow with regards to circular A12/2008 for Extended Payments, the following example is given.

IB is paid up to and including Sunday 10 May. IB is therefore no longer payable on Monday 11 May. HB would cease at the end of that week (from Monday 11 May to Sunday 17 May). The EP would commence from Monday 18 May for a maximum of four weeks

However for such cases we end the IB on the Sunday 10 May and the Extended Payment would be paid from 11 May not from 18 May as the circular suggests.

I would appreciate any guidance on what is the procedure in other authorities.

Thanks

[Darren Broughton]

If the last day of entitlement to IB is Sunday 10 May, why would you end it on that date? The first date of non-entitlement to IB is Monday 11 May, so the circular is correct

[Anonymous]

This is an old chestnut. When does IB cease? When is the date of change? Is the date of change the last day on which the claimant gets IB or is it the day after? It cannot be the former. On the last day that the claimant is entitled to IB, [i:8385301276]they are still entitled to IB.[/i:8385301276] Nothing has changed yet. IB has not yet ceased. The change happens on the first day they [i:8385301276]aren’t [/i:8385301276]entitled to IB; that’s when it can be said to have ceased. It is therefore effective from the Monday following that.

If IB (or JSA(IB) or IS or ESA now I suppose, and so on) is paid up to and including a Sunday, the first day when there is no IB is the following day, Monday. That is the day it has “ceased” and effective date will be the Monday after that.

[Darren Broughton]

HBR 79(1) clears this up to avoid any confusion –

[i:2c5217b3f2][b:2c5217b3f2]Date on which change of circumstances is to take effect[/b:2c5217b3f2]
79. —(1) Except in cases where regulation 34 (disregard of changes in tax, contributions, etc) applies, and subject to regulation 8(3) of the Decisions and Appeals Regulations and the following provisions of this regulation, and to regulation 80(5), a change of circumstances which affects entitlement to, or the amount of, housing benefit (“change of circumstances”) shall take effect from the first day of the benefit week following the date on which the change of circumstances actually occurs, [u:2c5217b3f2]and where that change is cessation of entitlement to any benefit under the benefit Acts, the date on which the change actually occurs shall be the day immediately following the last day of entitlement to that benefit[/u:2c5217b3f2].[/i:2c5217b3f2]

[Anonymous]

Something tells me the people of Inverclyde have been getting 1 less weeks full benefit they should have been entitled to… 😳

[Author]

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