Limited Period Query

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  • #21352
    sharonk
    Participant

    Help please! We have a claim whereby an award of IS has been retrospectively ended for a limited period of eight weeks. An underlying entitlement application was offerred but it was not claimed. The claimant continues to be entitled to IS after the break in the past.

    Should we be asking for a claim form to be completed for the HB paid to the claimant after the break occurred?

    If anyone knows where I can find the guidance I would be grateful.

    Sharon

    #5084
    Joannemma
    Participant

    The way I understand it if there is a break in IS and the claimant does not supply their financial details for the break, we would always require a new claim to be submitted (as long as the break in IS spans more than one benefit week).
    So yes in this case they would need to submit a new claim form. It makes it more difficult that the break in IS was in the past, and you have only just been notified. The way I would deal with that is to get the claimant to submit a backdate request stating that their IS was only recently cancelled retrospectively, and as a result their HB/CTB was cancelled, and they had re applied as soon as they had been notified.
    I would obviously then look upon that backdate request favourably and award it as the claimant had re-applied for HB/CTB as soon as we had cancelled their claim.

    Hope this makes sense!

    Joanne
    BWDBC

    #5085
    sharonk
    Participant

    Thanks Joanne.

    Sharon

    #5086
    Andy Thurman
    Keymaster

    I would add to this that, for any period after the break in IS (i.e. once IS back in payment), you have sufficient info to award UE to offset the o/p (in full). You then only need a claim from the end of the O/P period so a b/date for, I presume, just a few weeks at the most – you didn’t give timescales, but if the break occurred more than 52 weeks ago, you couldn’t backdate all the way even if you wanted to.

    For CTB, as the o/p, I assume, runs to next April, you don’t even need a new claim as yet, but UE can in any case be awarded to the date any new claim is made & awarded. 🙂

    #5087
    sharonk
    Participant

    Thanks Andy

    Sharon

    #5088
    steveg
    Participant

    Hi Sharon,

    Sorry to put a spanner in the works about this scenario but you need to establish when the claimant made a HB & CTB claim after going back onto IS.

    There was a Commissioner’s decision last Autumn (sorry I can’t recall the reference – but I know it was to do with an overpayment) where the commissioner commented that in order for HB / CTB to be paid a valid claim has to be made. If no claim is made then the LA cannot claim subsidy for the benefit that has been issued.

    Therefore in your scenario if the claimant has not made a valid HB / CTB claim from when the IS was re-started then HB / CTB cannot be paid from then. Therefore you will have to cancel the claim all the way back to when the IS ended. (If you don’t then the LA cannot claim the subsidy) You can only pay HB / CTB from when a valid claim was made.

    Obviously U/E applies since the IS was re-started (which will be the same amount as the O/P). However they will need to make a new claim straight away in order to get the HB / CTB up and running again.

    So, they will have two claims to make: firstly the backdated claim for the gap in IS period; secondly the claim to get their HB / CTB re-instated from now.

    #5089
    Andy Thurman
    Keymaster

    Steve,
    I don’t think the claim for the non-IS period is required as benefit has already been paid on the ‘original’ claim so it’s just about UE for any o/p period. Only new claim required is for period after previous claim paid to.

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