Terms & Conditions

[Anonymous]

Help please??

Had a backdating request back 4 months, as his employers have overpaid him sick pay for the last 4 months, he should have been on ‘nil pay’.

Now, he has (based on medical reasons, and his prescribed medicene) shown good cause as to why he couldn’t have made a claim earlier.

Equally he would not have needed to make a claim earlier, as he had an income!

So… if we agree to backdate the claim – we will still need to include his current income of the time (correct?) – and hense, he will not qualify?

Thank you

[Anonymous]

Does he have to pay it back?

[Anonymous]

yes, he does have to pay it back.

[Anonymous]

I’m sure he could quite easily challenge the employer’s decision that he has to pay it back under common law, but maybe your claimant just feels better getting that money through housing benefit. 🙄 In any case, reg 79(7) might cover the situation:

[quote:5aa1c00a27](7) Without prejudice to paragraph (6), where the change of circumstances is the payment of income, or arrears of income, in respect of a past period, the change of circumstances shall take effect from the first day on which such income, had it been timeously paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations. [/quote:5aa1c00a27]

So basically you can assess on what he should have received, not what he did receive.

[Anonymous]

Thank you so much Michael.

Ellen 😀 😀

[Author]

Posts