Terms & Conditions

[Jayne-T]

I am quite happy that a change in circumstances have to be in writing for Stats 124 / MIS guide etc.
However what happens if it is notified on the telephone and then followed up in writing. Which date would you use to decide whether the change has been notified within one month? (advantageous and notified within one month) – the date of the phone call or the date it was received in writing?

The HB and CTB regs state that the change has to be notified in writing but the Decision and Appeals regs don’t mention in writing when treating a late notified advantageous change as occuring on the date it was notified.

[jmembery]

I think the MIS guide is fairly clear on this.

The time counted in calendar days from the day a [b:5a30a93f53]written notification of a change of circumstance is physically received[/b:5a30a93f53] at any designated office of an LA to, and including, the day the decision is superseded

[Jayne-T]

Sorry I haven’t been very clear. I am happy with the MIS guide. My query is about deciding when to make the change effective from.

For example what happens if the claimant rings up within one month to report an advantageous change but doesn’t follow it up in writing until 3 weeks later (outside of the calendar month) would you treat it as notified within one calendar month?

[jmembery]

Sorry, replied before I had Coffee this morning, always a mistake!

8(3) of the D&A Regs talks about changes that are “required by regulations to be notified”.

Reg 88 of the HB regs describes these, and the manner of the notification (I.E in writing) therefore it is the date that you receive the written notice that counts for the one month rule.

[Author]

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