Income Support – entitlement or not?

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    We have a case where a claimant was investigated for fraud (working and claiming). She was in receipt of Income Support.

    The claimant admitted that she was working and the decision makers at the DWP have agreed that she was working over 16 hours whilst claiming IS, however there was a 3 week period where she worked under 16 hrs & would still have had some IS entitlement. The DWP were involved in the investigation but never input the correct fraud interest marker on the system and as a result, the file/computer record was destroyed after 14mths in line with their retention & destruction policy.

    The problem is they are unable to make a decision about Income Support and calculate any periods when she was not entitled to Income Support even though they agree she was working over 16 hours for the majority of the time in question.

    So with regards HB/CTB should we treat the claimant as having a continuous IS entitlement on the basis they are unable to notify us of a Termination date, or can we recalculate the claim from the first day she started F/T work and, using information supplied on the QB9, treat it as a standard claim. If the second option was taken any O/P could be allocated to fraud & the case forwarded for consideration for a sanction/prosecution.


    I’d go with option 2 can see little argument that you cannot go behind the DWP decision on this occassion.

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