Suspension and Termination

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  • #23052

    Everyone’s favourite topic!

    An intervention visit is undertaken and we find out that a customer has had a change of income that may effect entitlement to benefit. However they can not provide any proof of this change at the visit. A letter is left asking the customer to provide this information within 1CM

    If the claim is only suspended a week after the visit (under Reg 11 DMA) what is the earliest date a decision regarding termination of benefit can be made?

    1CM from the date we requested information at the visit (in which case the claim would only have been suspended for around 3 weeks) or

    1CM from the date the claim was suspended (in effect allowing the customer 1CM and 1 week to provide the info)


    Termination follows the expiry of the time limit for an “information request”. E.G Reg 86 of the HB Regs 2006. So it is 1 month from the date of the visit/letter.

    The provisions of Regulation 86 don’t appear to specify the form of request and 86(3)(b) even refers to “orally”. BUT to qualify as an information request to allow termination either the letter that was left or your visiting officer would have had to met all the requirements of 86(3).

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