Terms & Conditions

[pdeans]

We have a problem (as I am sure other LAs do) when a claimant’s IS/JSA(IB) ends as they have started work and they are not entitled to an EPP. We would usually suspend the claim and write out to them with a new form asking if they want to claim now they have started work. The problem is that half of them don’t get back to us, but we still have to give them a month to get back to us before we cancel the claim. Is there any way for us to cancel their benefit claim straight away?

[David]

I suppose you could telephone & explain that you you will send a new form if they wish to continue claiming. If they tell you that they no longer wish to claim, you could end the claim. Confirm this in the letter that you will then send to them.

[Kevin D]

My view is that you must first suspend, then allow a minimum of one month for info/evidence of the change(s) of circs.

But, there are arguably three possible approaches.

1) Suspend / request info / terminate if no reply; or

2) Supersede immediately, drawing inferences about the cmt’s circs.

3) Suspend / request info / supersede (drawing inferences if info not provided).

In “2)” & “3)”, the clmt definitely has the right of appeal. In “1)”, it is the subject of argument about whether there is a right of appeal. I think it’s safe to say that it is an increasingly held view that Article 6 of the HRA demands that there is a right of appeal.

The trouble with “2)” is that you don’t really have any grounds on which to supersede. Sure, you have an ETD saying IS/JSA(IB) has ended, but that doesn’t in itself mean the clmt’s HB/CTB entitlement will end. All you have at that stage is a doubt about entitlement. With that in mind, it is my view that payment must be suspended AND further evidence requested. After not less than one month, options 1 or 3 apply.

Well, that’s my take…..

[Ozzies Mate]

If no EPP awarded then is change of circs & must be treated accordingly

[chris harvey]

This is a good example of why I question how some authorities claim fantastic COC PI figures. As Kevin has pointed out his option 2 of making an adverse inference decision straight away is not really viable as you have no information to base a decision on. The other 2 options both involve a delay of at least a month before a decision can be made so the minimum COC PI figure has got to be at least 30 days or so. We get (as I am sure other authorities do) substantial numbers of end of IS cases where they do not qualify for an EP and these do drag down our average COC PI figures.

[Anonymous]

According to the Guide to Housing/Council Tax Benefit 2006/7 (Zebedee & Ward) page 311, para 17.24 ‘But the award of HB/CTB must end even if the clmnt does not meet those further work conditions…and even if the clmnt has no entitlement to an EPP. If the clmnt wishes to be awarded HB/CTB thereafter, he/she must reclaim’. Gotta admit we’ve only just noticed this. Looks like any clmt coming off JSAib/IS/IB who’ve been claimning one of these, and dont get the EPP, we need to terminate.

Any thoughts?

[jmembery]

In my view, only option is to suspend, request the info, give a month and then terminate if no reply.

In our case, we don’t insist on a claim form, just details of income and capital, and we try and telephone the customer to explain exactly what we need.

The only time we “terminate” earlier is when we are telephoning the customer and they tell us info that shows they clearly won’t qualify (unusual) we then make a “nil” decision based upon the information they supply on the phone.

[Ozzies Mate]

Andy,

Is that not just interpretation of the word ‘end’.

Surely once a revised decision on a non EP claim is made based on either new information or lack of information means that the entitlement based on IS/JSA(IB) ‘ends’.

The fact that it is not ended as a termination does not mean that the passported entitlement actually ‘ends’

Sorry for overuse of the word ends!

[Anonymous]

That would certainly seem the logical solution, go down the suspension then termination route. But….Reg 77 still seems to be the bug-bear here. Following this reg looks like we have to terminate where the clmt has been on IS/JSAib/IB for more than 26 weeks, whether EPP awarded or not.

Oh I dunno, wish I’d never seen it now.

[Anonymous]

Sorry Ozzies mate, just got your reply as I was typing mine……

[Anonymous]

Oh, found this link too which my be of some help…

https://hbinfo.org/forum/viewtopic.php?t=7381&highlight=termination+extended+payment

[Anonymous]

I was just about to say:

[quote:15300df4df]I don’t follow ❓

How can you satisfy Reg 77 and not be entitled to an Extended Payment?[/quote:15300df4df]

Then I realised – it’s the 28 day notification deadline isn’t it? Paragraph 2 of Sched 7, which must be satisfied [b:15300df4df]in addition[/b:15300df4df] to Reg 77.

Reluctantly I agree that it is possible to have your entitlement end under Reg 77 without getting an EP.

I think that will change when the Welfare Reform Act beefs up the EP concept, but it’s a problem for now.

P.S. one other thing. You can probably tell I’ve had a glass of wine, but everyone abbreviates extended payment to EPP. What’s the second P for? I was always afraid to ask. Like 4 x 4 – I know it’s a 4-wheel drive, what’s the other 4?

[markp]

EPP = Extended Payment Period.

Do I know what I'm doing? The jury's out on that........................

[markp]

EPP = Extended Payment Period.

Like Sean, I hate it when this happens!

Do I know what I'm doing? The jury's out on that........................

[Anonymous]

You live and learn

[Author]

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