pfa cancellation date if fails HRT

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    We have just been queried by our colleagues at a neighbouring Council about the date used when HB is in payment as someone is signing for JSA and then they fail the HRT with Wick.

    As some self doubt has now crept in, can anyone clarify.

    Do you cancel back to the start of the claim as not entitled to HB and create an overpayment of Housing Benefit, as no longer satisfy the criteria or:

    Do you cancel from the Monday following the date of the Wick decision because at the time they made their claim they would not know that they may not qualify and were signing with the Job Centre and had Worker Status at that stage.

    Many thanks


    Can you be more specific?

    You should never be “cancelling” HB as a knee-jerk response to a DWP decision – you should always be making your own decision. However, I appreciate that a person’s status as a DWP-recognised job seeker can often directly affect the Council’s own decision about whether the person satisfies the habitual residence test. Can you say exactly what circumstances you have in mind:

    – are we talking about people who were previously workers, or new entrants into the job market?
    – are these cases where JSA has been paid from the outset, or cases where the first decision by DWP is to refuse JSA?


    Hi Peter

    I think they were querying in general as to when you cancel when someone is refused JSA.

    They stated they cancelled back to the start of the claim if the DWP refused JSA if HRT failed.

    Whereas we have always looked at Worker Status before putting it in payment. Where a claim is put into payment we then then make our own decision if and when DWP refuse JSA based on HRT, but only cancel from the Monday following the date of the DWP if it is required, as at the time the claim was paid they were considered to have Worker Status (ie fulfilled conditions of entitlement by working and then claiming etc) until the point of refusal.

    Is that clear? If not come back to me. Its just their query has made us doubt what we thought we knew.


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