right time benefit performance

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  • #33716
    stoke
    Participant

    don’t shout, i am new to this area, i am sure this has been asked a thousand times.

    when we receive a cancellation from the DWP, say but not exclusively started work. At the moment we pend the post and invite a new claim (either by telephone or post).

    we then pend for a total of 1 calendar month and then deal with when the new form comes in.

    do we have to do this, i understand we have to allow 1 calendar month to allow any requested information to be provided but at the point i have received the cancellation i haven’t asked for anything so why can’t i cancel the claim and then issue a new claim with notification.

    there has to be a reason can you let me know what it is

    cheers

    #93723
    anthony
    Participant

    You can’t terminate directly because you don’t know whether there has been a change of circs which has ended the entitlement. In practice, these are usually suspended under DAR11(2)(a).
    https://hbinfo.org/legislation/hbctbda01/da11.shtml

    Then, the claimant is written to, and a month given for a reply.

    If they don’t reply, you can terminate under DAR 14(1)(a)

    https://hbinfo.org/legislation/hbctbda01/da14.shtml

    Note that DAR 14 doesn’t trigger unless the claim has been suspended for a month, as specified in DAR 13(4)(a)

    https://hbinfo.org/legislation/hbctbda01/da13.shtml

    Incidentally, you don’t actually need a new claim to continue paying if they do reply. Unless the change brings about the end of their entitlement then it is just a change of circs.

    Hope this helps.

    #93724
    stoke
    Participant

    thanks, i did look at reg 11 and my eyes sort of lit up when i read the la MAY suspend

    #93725
    jmembery
    Participant

    Yes, the wording is that the LA “may” suspend so you don’t have to, but as you only other choice is to leave the claim running and continue to pay as though the claimant were on IS/JSA(IB) you will be running a big risk if you don’t suspend.

    As anthony points out when you first receive the cancellation you don’t, at that time, have the power to “cancel” or terminate the claim.

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