In work claim after EPP

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  • #31631
    Anonymous
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    Can anyone help with this scenario please?
    I have a claim where an EPP has been awarded up to 18/07/10.
    During the period of the EPP we invited an “in work” claim, but the information wasn’t provided within the month of the letter being sent.
    However, it was received within a month of the end of the EPP.

    Can the in work claim be continuous from the EPP? If so, which REG shows this? Reg72 (d) seems to be the closest,

    Thanks in advance!

    #88438
    Anonymous
    Guest

    A new claim is not required following an EP.

    What you’ve probably done is awarded the EP up to 18/07/10, then suspended future payments while awaiting information and evidence from the claimant. If the claimant did not reply within one month you would have had the option to terminate the award. If you’ve not yet made a decision to terminate you can reinstate the award based on the new income. If you have made a decision to terminate but the claimant has now provided the requested items you can revise your decision. This is all covered by the Decisions & Appeals regs.

    #88439
    Anonymous
    Guest

    An award may or may not end when a person ceased to be entitled to a qualifying income related benefit.

    The cessation of the qualifying benefit gives rise to the extended payment, but of itself it will not end the previous award. There is therefore now no such thing as an in work claim because the extended payment does not now bring the previous award to an end. (Reg 77 has now been omitted)

    The so called “in work claim” that you inivited was in effect an information requirement, and so HB Reg 86 and Reg 13 and 14 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations will apply.

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