New Claim needed?

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  • #22738
    Anonymous
    Guest

    Scenario: Claimant on JSA (IB) for over 26 weeks starts work which will last more than five weeks, so JSA(IB) ceases. However, he fails to qualify for extended payments. We suspend, invite payslips etc and reassess based on new income as a change of circs.

    I’ve just read in Zebedee that in those circustances the award of HB/CTB should have ended, regardless of entitlement to extended payments, and he should have re-claimed.

    This means we should have terminated the award and invited a new claim, or am I misunderstanding the regs?

    #9353
    Anonymous
    Guest

    Does [color=red:6e31eac6e1]that book[/color:6e31eac6e1] give any justification for that advice?

    #9354
    Darren Broughton
    Participant

    The scenario does seem to satisfy all the criteria of Reg 77

    #9355
    Anonymous
    Guest

    ‘That book’ refers to HB regs 77 & 78(1), which I’m now going to read.

    #9356
    Anonymous
    Guest

    And why did he fail to qualify for an EPP?

    #9357
    Anonymous
    Guest

    He didn’t notify anyone of the change within 28 days of starting work.

    #9358
    Anonymous
    Guest

    But the two things are co-dependant. You award an EP under HB reg 72 if benefit has ended in accordance with reg 77. If it didn’t, you don’t.

    #9359
    Anonymous
    Guest

    But he didn’t satisfy the conditions of reg 72 which refer to paras 1 & 2 of schedule 7

    Now I’m totally confused.

    #9360
    Anonymous
    Guest

    Nope, hold on, I think I take some of that back. I’ve just checked over some of my old notes and looked at reg 72 again. An EP is awarded where benefit ends under reg 77 [i:7db0a8e019]and[/i:7db0a8e019] paras 1 & 2 of sch 7 is satisfied.

    So benefit can end but an EP can’t be awarded if the clt doesn’t notify timeously.

    I think. It’s Friday and I’m going for a pint of lunch.

    Cheers,

    Darren

    #9361
    Darren Broughton
    Participant

    So are you saying that he didn’t notify a designated office [b:5ea8762c77]OR[/b:5ea8762c77] the DWP within 4 weeks?

    #9362
    Anonymous
    Guest

    So I believe. You’re going to tell me that changes things again, aren’t you?

    #9363
    Anonymous
    Guest

    Reading Reg 77 it does seem it is right to say that the award should end if someone would have qualified for an EPP had they applied for it. Which seems rather excessive, really, as the only reason we end an HB award in EPP cases is because the EPP legislation requires that to be done in order for the EPP to be paid. So if we aren’t going to award an EPP, why not treat it as a COC, as you did?

    Apologies for the red font, but my hackles rose a bit when I read your first post…I was told by a training officer friend a few weeks ago that W/Z/L said that the HB award should be ended in [i:15e0eed27b]all[/i:15e0eed27b] cases where IS/JSA(IB) comes to an end, but perhaps she has overstated the case.

    #9364
    Darren Broughton
    Participant

    No Sue, I agree with the analysis in Zebeddee in this case – was just making sure you’d checked that they hadn’t notified the DWP or any of your designated offices

    #9365
    Kevin D
    Participant

    [Edit] Was attempting to compile this while other ppl actually got there….

    It’s not quite as codependent as it seems; at least in my (albeit very tired)opinion.

    HBR 77 doesn’t require a Sec of State certification of any matters. And, it is independent of the 4-week rule where the clmt (or ptnr) has to notify the LA or DWP of commencing work etc.

    So, to me, HBR 77 is stand alone and still requires the termination of HB if the criteria are met; irrespective of any EP issue.

    If I’ve missed something, oh well….. 😯

    Regards

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