Income?

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  • #31691
    DJM
    Participant

    I hope someone could help, we’ve got ourselves in a knot…

    Mr X put in a claim for CTB; we checked and found that he was also receiving industrial injuries disablement benefit in addition to the income he had declared. This created an overpayment of benefit. When we wrote to Mr X to explain the overpayment, he said he hadn’t told us about his industrial injuries disablement benefit, as “it wasn’t list on the application form”.

    Our form does list benefits, however, it has a catch all which states that claimants must tell us about any benefit – and Mr X had either misread this or not read it at all.

    He has not accepted this as an explanation, and we need to quote the regulation to him that requires claimants to declare any income of whatever type, including benefit. We need something that states quite clearly (well, as clearly as a Reg can be!) that you must declare everything, whether it’s listed or not.

    Help! We’ve looked through the Regs and the Schedules, but we can’t see anything (it is Friday afternoon, after all!).

    All clues gratefully received!

    #88629
    Anonymous
    Guest

    There are no regs that say “you must declare this and this and this”. Reg 86 says the claimant “shall furnish such certificates, documents, information and evidence in connection with the claim or the award, or any question arising out of the claim or the award, as may reasonably be required by the relevant authority”. So that depends on you actually asking for them.

    What is wrong with just referring to the catch-all on the claim form? If the claimant didn’t understand it or didn’t read it, that’s his fault. We have a section that asks for details of “any other income not already mentioned” and I don’t see a problem with that…

    #88630
    DJM
    Participant

    [quote:e5b0a9b6f8]that’s his fault. [/quote:e5b0a9b6f8]

    We agree! 😀

    However, we thought we’d try to find something that he couldn’t argue with… *sigh*

    Thanks for the prompt response.

    #88631
    Anonymous
    Guest

    The problem with referring to legislation… well he didn’t read/understand the claim form so why would he have read the Social Security Information and Evidence Regulations 2001 (made up completely – please don’t try to look it up!)

    #88632
    DJM
    Participant

    😀 😀 😀

    Have a good weekend!

    #88633
    Anonymous
    Guest

    Whether there are or are not provisions relating to evidence requirements, nothing changes the fact that there has been an overpayment: it won’t go away.

    So the real question here is not whether he has failed to comply with a requirement, but whether the overpaymnent was caused by official error. In other words, it’s not a matter of “Has [u:6bf55fa870]he[/u:6bf55fa870] done something wrong?” but “Have [u:6bf55fa870]we[/u:6bf55fa870] done something wrong?”

    The possible error by the Council is issuing him with a form that is so confusing it misled him to:

    – believe honestly that he did not need to mention his IIDB, or
    – just clean forget it because of the way the questoins were asked.

    The possibility of him having contributed to that error is not really relevant – unless he was involved in the design of the form, he can hardly be blamed for that.

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