Nil to payer

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  • #31713
    iceman
    Participant

    Claim in payment on earnings. The customer contacts us on 05.08 to say that her earnings were due to increase for period 02.08 to 06.09 to an amount where they won’t qualify. They also inform that after this 5 week period the earnings drop back down to the previous earnings (ie they qualify).

    Do we need to send them a new claim form or is the info we have (we have evidence too) sufficient to put the claim back into payment after the period of higher earnings?

    #88683
    Anonymous
    Guest

    If this is being dealt with retrospectively, it could probably be done as a closed period supersession. However if this was dealt with when they first contacted you in August the award would end and I would definitely require a new claim form. However I would look into whether this could be treated as a variation in the earnings cycle rather than an actual change in circs. How much of an increase are we talking about here, and what is the reason for the increase?

    #88684
    Kevin D
    Participant

    Depends on your LA’s position on “closed period supersessions”.

    If your LA considers a CPS to be lawful, no new claim needed. This approach tends to be the majority view on the HBinfo forums.

    However, if your LA considers a CPS is not lawful for HB/CTB, the “old” award must be ended and a new claim is required.

    My personal view remains that, for HB/CTB, closed period supersessions are wonderful from an administrative point of view. But, I think there are substantive issues weighing against the use of CPS’s in law.

    There are legal authorities relating to non-HB/CTB benefits where closed period supersessions have unquestionably been found lawful. However, the legislation for HB/CTB is not the same – hence my continued concerns.

    #88685
    iceman
    Participant

    Her earnings increased by £500 per week as she took over a fixed period contract for 5 weeks.

    #88686
    Anonymous
    Guest

    Yep, that’s a pretty definite change in circs!

    So what actually happened when they contacted you in August? Was the award nilled then or was it just suspended?

    #88687
    iceman
    Participant

    It was nilled at the time as the assessor worked out that her earnings would take her off benefits. They were informed in the same conversation that it would only last 5 weeks however.

    #88688
    Anonymous
    Guest

    The guidance about closed period supersessions suggests that they can only apply to past periods – where you find out after the fact. In your case I would require a new claim.

    #88689
    Darren W
    Participant

    Though I agree with Michael and would want a new form, it is up to you to deicde what consituties a new form. In this situation I would be happy for the claimant to proivde either a shorterned claim form if your LA uses them, or even a statement stating that their circumstances now are the same as they were prior to the 5 week period.

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