Terms & Conditions

[Anonymous]

Hi I wonder if you could help me ❓
I’ve got a claim where we rec’d an NHB8 on 09.01.07 stating that JSA ended 08.12.06. We suspended on 11.01.07 and wrote out for prf of income. On 19.01.07 we received an NHB3 confirming JSA back in payment from 04.01.07. We wrote out for prf of income for the gap but did not pay the claim ongoing. Claimant did not reply within one month with proof of income for the gap, so we have made him make a new claim and not paid him for any of the gap, even from 04.01.07 when we know he was on JSA.
When I was an assessor, I would have paid from 04.01.07 and just not paid for the gap. Am I too soft, or is this correct?
In any event, the gap has now been paid due to underlying entitlement and so the only period not paid is the period we know he was on JSA!
What do you think?
Thanks 😀

[Karen Stoddart]

It does need to be a new claim. You could consider a backdate request or applying UE using the JSA if there is any O/P.

[Anonymous]

Jemma, sorry but I think you were doing it wrong when you were an assessor 😀

Once a clt has nil entitlement the claim comes to an end. If you pay HB after that without a form you may lose subsidy as, in effect, you are paying HB when there’s no actual claim.

[Anonymous]

Further to martin’s post, in that instance you are not paying HB because no claim has been made. Effectively you are making ex-gratia payments. Therefore, any “overpayment” (for want of a better word) is not recoverable through the benefit regs as as it was not benefit in the first place.

[Author]

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