"I don’t want to claim any more"

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  • #22198
    Anonymous
    Guest

    Afternoon all,

    Well, my collegue has a quandry and it’s making my head hurt. An HB claim is made and HB awarded. During the course of a quality check, an undeclared bank account is uncovered. Entitlement is suspended and evidence of this account is requested. The following week, the clt writes in stating that he no longer wishes to claim. The suspension was then lifted and benefit was ceased, from the Monday following the written notification. This means a further week’s HB has gone out for the period between suspension and the Monday following the written notification.

    What to do? Alright, there is no legal mechanism for “withdrawing a claim” once it has been decided; I do recall some discussion in this forum a while back about adverse inference being made. (Was his wish to stop claiming anything to do with us wanting evidence of this account? Perish the though!)

    The problem is, when should entitlement end? From the Monday following the written notification? From the date of suspension? (But benefit hasn’t been terminated under reg 14 of the decisions and appeals regs, yet…) From the effective date of the claim? (Entitlement was assessed in ignorance of a material fact, but there is no evidence that entitlement would have been affected…)

    Any ideas?

    Cheers,

    Darren

    #7077
    Andy Shanks
    Participant

    Did they not give a date that they no longer wished to claim from ?.
    Unless a specific date was given I would be looking at terminating from the paid to date [which should tie in with the suspension date ] . BUT
    The clmt in saying that no longer wants to claim is a change in circs, but surely a change of circs needs an effective [for the want of a better word] date.
    Compromise would be to keep suspended until a date is thrashed out ?

    Anyhoo its Friday so have a nice weekend everyone

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