"I don’t want to claim any more"

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  • #22199

    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?



    Kevin D

    I’d write again to the clmt, asking for further info / evidence for the period(s) in question, pointing out that s/he is LEGALLY required to provide such info etc – may be worth mentioning possible prosecution (s.112?). Also, point out in that letter that is such info / evidence is not provided, the Council is entitled to make assumptions about income / capital / household etc.

    In the meantime, it seems to be a prime candidate for making further enquiries with the bank(s) / building society to obtain more details of the transactions on the account(s). No DPA problems in these circumstances.


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