late notification of change of circs etc

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  • #45563
    Anonymous
    Guest

    good morning pop pickers,

     

      just a quickie – will section 13a  be dealing with late change of circs and adverse inference in the same way as ctb regs 2006 did?

     

     

     

    #128254
    Julian Hobson
    Participant

    My understanding is that all schemes have to require a CoC to be notified within 21 days BUT that 21 days has nothing to do with adverse inference, or beneficial change rules or anything else. The change will be effective from the date of change regardless of when it is notified. Bizarrely in my view, any change notified outside the 21 days will mean that a criminal offence has been committed, regardless of whether it results in a reduced award or not. As for adverse inference specifically I think you can draw adverse inferences in CTR in exactly the same way as you can in HB/CTB. There are no adverse inference rules specifically either in CTB or CTR but the principle holds good.

    #128287
    Anonymous
    Guest

    many thanks Julian

    #128290
    Anonymous
    Guest

    The principle of adverse inferences sits outside of all schemes. It is the legal concept in administrative law that decision makers must eventually make a decison. It applies to…anything. AI should be in your scheme though, for the avoidance of doubt.

    #128336
    RobBox
    Participant

    Have seen some schemes that have put beneficial change rules and underlying entitlement back in to the base default Regs for both working age and pensioners. Not sure that this can be done as moving outside prescribed requirements? Any views on this? :tired:

    #128337
    Julian Hobson
    Participant

    My view is that the prescribed regs are what they say they are. I’m getting cheesed off with CLG saying that it is up to LA’s (Pensioner War Pensioners on PC, Persons from abroad, could be others ?) As far as I’m aware there are no other regulations that purport to set out the law but also allow authorities to change that law if they wish.

    #128340
    RobBox
    Participant

    DCLG chap at Conference said that could move outside of them if it was beneficial to customer, a concept I find bizarre, this change clearly would not be. Crazy days!!

    #128362
    chris harvey
    Participant

    I can only guess that the DCLG think that no-one will dispute a beneficial change so it must be OK particularly as it is the LA who picks up the bill. Detrimental changes are very different and I cannot see how disallowing advantageous changes notified late for pensioners can possibly be legal. The applicant I think will always win if the decision is disputed because their entitlement is prescribed in law and the LA has no power to reduce it.

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