Terms & Conditions

[Andy Shanks]

Mr X’s Hb/CTb was finally [after suspension, f/i req’s etc] terminated as JSA had ended. We heard nothing from Mr X. Then received a new claim from Mrs X in her own right ,who was on I/S as a lone parent. For some reason Mrs X did not ask about HB @ the time of the I/S application and so the claim for HB was received outside of the month to link HB award start date to I/S one.
However Mrs X has asked for U/E for the period in May 06 when the HB in Mr X’s name was terminated and backdated HB award from Oct 06 the date I/S stopped.
Can Mrs X get U/E on Mr X’s o/p based on her income? [she does not know where he has gone so cannot get proof of his income]

I think that the backdate request + u/e calculation are seperate issues here but I am worried about awarding u/e on a claim in one persons name based on another persons income OR am I worrying too much ? 😕

[seanosul]

You’re not worrying unnecessarily. Both claims are entirely separate entities, linking rules or otherwise. Her claim is hers and his is his. The confusion LAs have around this is because we ask partners to sign the claim form.

As I often point out this has no basis in law.

Can the period of backdate be considered from the date of termination?

[Kevin D]

Mrs X was not the clmt and, therefore, was not overpaid. In turn, there cannot be any underlying entitlement for Mrs X. Mr X’s o/p is a separate issue to Mrs X’s claim.

Even if Mrs X is a “prescribed person” and a potential target for recovery of Mr X’s o/p, the o/p is still that of Mr X.

Also, if Mr has left (as the reference to lone parent now indicates), he no longer occupies the property as his normal home and is therefore not entitled to HB (including underlying entitlement), irrespective of his financial circs. So, his o/p stands in any case.

If Mrs X is not a potential target for o/p recovery, it is only the backdate issue that has to be considered. If Mrs X is a legitimate target, any award of HB/CTB on her claim could be used to recover Mr X’s o/p – so long as the period of award & o/p are the same.

Hope this helps.

[Andy Shanks]

Cheers Guys

[Author]

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