Terms & Conditions

[sandra63]

Hi folks, Can I have your thoughts?

If we have an claim which has a [b:fbef23b50b]change resulting in nil benefit entitlement[/b:fbef23b50b], the customer would need to complete a new form for a new benefit period.

If the customer has several changes that take him/her [b:fbef23b50b]in and out of benefit entitlement[/b:fbef23b50b], is it correct that a new form is required for every change back in to entitlement?

Thanks
❓
Paula
[b:fbef23b50b][/b:fbef23b50b]

[Anonymous]

I would also be interested if anyone can give a reply to this one.

My colleague and I are disagreeing on a case – I seemed to think that if the claimant qualified again within 1 mth of having a nil assessed and cancelled claim we could put the claim back on without the need for a claim form.

But he thinks if the claimant circumstances change within 13 weeks we can put the claim back on continuosly with no need for a new application form.

Please can anybody clarify for us.

[Darren Broughton]

Sorry Tellis, you’re both wrong. Any change which results in a break in entitlement means that a new claim form is required.

[Anonymous]

As stated by Darren you would need a new form for any period following nil/end of entitlement. However we would not always ask for a full form, a shortened form would do. The 13 weeks mentioned above could be refering to a rapid reclaim, the shortened form for someone going back on to IS or JSA(IB).?

[Anonymous]

Although this is a nil decision then new claim we can accept a claim in ‘such written form as the relevant authority may accept as sufficient’ so we do have the option of making a new claim decision without an actual form.

If there were not other variables that should be checked along with the reported changes I would probably just process them all through as it’s just red tape, hassle and bad customer service to insist on getting a new form completed.

[Darren Broughton]

Yes, but you’ve still got to have some sort of form though. As Will pointed out, it can be a shortened form, but you do need an “actual form”

[Anonymous]

I beg to differ there, the line from HB reg 83(1) is:
‘Every claim shall be in writing and made on a properly completed form approved for the purpose by the relevant authority or in such written form as the authority may accept…’

such written form does not mean an actual claim form, it simply means something written which we accept the format of as being sufficient.

[Andy Thurman]

[quote:4c80c620c5]such written form does not mean an actual claim form, it simply means something written which we accept the format of as being sufficient.[/quote:4c80c620c5]

Spot on! I have often used “tear-off reply slip” letters when needing to satisfy the need for a claim – the clmt simply sign and dates & returns to the LA a pre-written declaration asserting they want to claim and understand they must declare changes. (This is particularly useful where a coc on an HB claim leads to a CTB entitlement or vice-versa.)

[Anonymous]

I’ve just had a thought…

Could these cases be an opportunity to use the DWP’s guidance in circular A18/2006?

If a change to a claim means nil entitlement for only a short period, perhaps authorities could phone the claimant so they can make a new claim by telephone?

[Author]

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