Extended Payments and Underlying Entitlement

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  • #31544
    billpear
    Participant

    A client starts work, they have been in receipt of Council Tax Benefit only. They have served the qualifying period for entitlement to an extended payment however they fail to confirm the intended hours (more than 16) and whether the employment will last more than 5 weeks. The claim is eventually terminated from the date the remunertive employment commenced and a 5 week overpayment of Council Tax Benefit is created. The client appeals the cancellation and failure to award an extended payment. Subsiquently they make a fresh claim for benefit as they are now back on income support (the job lasted more than 8 weeks) On the new application they provide details of the previous employment, the income is too high to qualify for Council Tax benefit, can we apply underlying entitlement as an overpayment exists and the extended payment would have been awarded if the facts now know had been provided at the time requested?

    #88221
    Anonymous
    Guest

    If the appeal is in time I would award the EP. Basically you have made a “negative inference” that the work was not going to last 5 weeks and so an EP would not be payable. If the appeal is in time you can look at everything again and remake the decision.

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