Terms & Conditions

[sufyang]

Ive got this query where a employed person has gone abroad for a month and has had to take one weeks unpaid leave. for the rest of the month his employer will pay his wages. what i would like to know is if the person can claim for that specific week where he has no wages?

[Darren W]

Since you have had no replies I will attempt an answer, but expect to be corrected.

I would say yes. HB and CTB is an income based benefit. It makes no differnce how they get that income. It may be through work, other benefits etc. If they can prove that they did not have any income for that week then I would say you have to award benefit. Of course they will need to provide a letter from the employer saying that they had no income, and all other proof that a normal claimant would need to provide.

Of course they would need to apply before the week of no income, otherwise the date of claim would be the Monday following the receipt of the form. Since they are only claiming for one week, if they provided proof either in the week, or after the week the start date of the claim would be after the week of no income.

[Anonymous]

I would say it depends on how he his paid. If he is paid weekly, I agree with Darren. If he is paid monthly, I would say not (unless the decrease in his monthly salary allowed eligibility for HB).

[Kevin D]

Neil: I don’t think it matters when the clmt is paid. The only issue that counts is the period for which the money is paid. If no money is paid (or payable) for the period in question, then no money is attributable for that period.

As an aside, the clmt could quite legally be entitled to TWO weeks HB/CTB. This will depend on when the claim is made & the date of the first day of nil payment.

Regards

[Anonymous]

[quote:06e2202e1c=”Darren W”].

Of course they would need to apply before the week of no income, otherwise the date of claim would be the Monday following the receipt of the form. Since they are only claiming for one week, if they provided proof either in the week, or after the week the start date of the claim would be after the week of no income.[/quote:06e2202e1c]

The claimant can provide the evidence up to one month or as long as the LA determine to be reasonable. Then a decison with appeal rights must be made

[Author]

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