Limited Period Recovery

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  • #34196
    traceyf
    Participant

    If a claimant has a limited period recovery made to their claim (for some reason or other) does this constitute a break in entitlement for LHA purposes

    #95875
    Carol Meredith
    Participant

    Tracey, not sure if I have understood you correctly. Are you saying that no HB has been paid for a limited period because the actual entitlement was used to recover an overpayment? If that is what you are saying then I do not think it constitutes a break in the claim. It is just that you have used the continuing entitlement to recover an overpayment from.
    However, I may have got the wrong end of the stick and you mean something else.
    Carol

    #95876
    traceyf
    Participant

    no say for instance we receive aend of entitlement from DWP which indicates no beneit was paid from 07/04/08 to 21/04/08 We would recover HB/CTB for the two weeks concerned. In this scenario would the payment of HB from 21/04/08 onwards fall under LHA rules or continue under old legislation

    #95877
    markp
    Participant

    Would there have been entitlement to HB during the period that IS had ended? If so then it is (IMHO) changes in circumstances and would still be subject to RO referral.

    Was there an OP and if so was it reduced in accordance with Reg 104? Or was it that there was absolutely no entitlement on actual income grounds? If these apply then (again IMHO) LHA rates would apply to the new claim.

    In effect it depends exactly how you have treated the IS/JSA/Incap break as to what would happen next.

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

    #95878
    Anonymous
    Guest

    I think the first thing you would need to do, Tracey, is to write to your claimant asking him why and what income they have for the period of 2 weeks.
    Remember, all you have on your hands is a change of circs, HB / CTB has not ended, though you may choose to suspend.

    If the person gets in touch and supplies you with evidence of their income, then you must assess using that income. If this causes no further HB to be paid, then any further claim from a later date (must be a week according to latest DWP guidance 😉 ) would be a new claim, and therefore LHA would be in payment.

    If HB continues to be paid, then the claim would be continuous so no LHA (as no break).

    If the person does not supply you with the info for that 2 week period you have indeed got an overpayment for any HB paid in that period, and you would have to make an adverse inference (you have not replied as your income is probably too great to claim Hb for these 2 weeks) and the claim would end, so therefore LHA again.

    I don’t think you can say
    [quote:98cc155320]no say for instance we receive aend of entitlement from DWP which indicates no beneit was paid from 07/04/08 to 21/04/08 We would recover HB/CTB for the two weeks concerned[/quote:98cc155320], without one of the above scenarios coming into play.

    In essence, anything after a break of a week or more will be a break in claim and therefore LHA rates would apply. 8)

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