Terms & Conditions

[Anonymous]

Sorry if this has been posted before, I did check some other threads but am still confused.

Please could someone clarify: If you send a postal intervention claim form, then a reminder two(?) weeks later, and and still get no response does the claimant get:

1. A month from the date it was sent before it is suspended?
2. A month to respond from the date of suspension?
3. What date is used to cancel the claim after the suspended period?
4. Is there a right of appeal against this cancellation?

thanks, and sorry if this has been answered already. Very grateful!

Al.

[David]

Al
In order:
1. I presume you give claimant’s a month to return review. You can suspend at the end of the month
2. Yes
3. The date you’ve notified claimant of suspension, or earlier date if you have sufficient information to do so
4. Yes (unlike the decision to suspend the claim)

[Anonymous]

[quote:3a63da175e=”David”]Al
In order:
1. I presume you give claimant’s a month to return review. You can suspend at the end of the month
2. Yes
3. The date you’ve notified claimant of suspension, or earlier date if you have sufficient information to do so
4. Yes (unlike the decision to suspend the claim)[/quote:3a63da175e]

Point 4 above is not quite right. If (in 3) you’ve ended entitlement from the date you notified the suspension then you’ve terminated the award; as things stand this carries no right of appeal – for a thrilling discussion of this point see the thread:

https://hbinfo.org/forum/viewtopic.php?t=5703

If however you do it from an earlier date (because you have evidence of a change of circs and insufficient evidence to assess after the date of that change) then you’ve made a supersession and that is an appealable decision.

[Author]

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