live claim – partner has failed to attend interview for NINO

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    Julie Wilson

    Meant to post this here but have also posted on main board (hence a double post)

    I have a claim which has been in payment since 2003. Claimant is in receipt of IS for herself and 3 children and her partner has no recourse to public funds. He has been in the household since the start of her claim.

    It does not seem that the partner has been declared to Income Support and we have only recently requested a DCI1. This has been returned stating the partner has failed to attend 2 interviews.

    My question is when should HB be terminated from
    a) when the DCI1 was returned
    b) from the date of the Wilson judgement (even though we did not have an outstanding appeal
    c) from the start of the claim (assuming that the Wilson decision is retrospective)

    Or should benefit remain in payment until a change of circumstances leads us to superceed the original decison as this made before the Wilson judgement

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