Terms & Conditions

[liffe]

From memory, in the olden days, when an end of entitlement was received for Income Support because entitlement to another benefit was due (Incapacity Benefit in this case), the case was ‘ended’ from the I.S. paid to point rather than the actual termination date.
I currently have such a case where I.S. has been cancelled back to April 06 because of Incapacity been due from this date. At the time of the termination, I.S. had been paid up to 3 August 2006.
What date would I put Incapacity Benefit into the claim to recalculate – 10 April 06 or 4 August 06?
Which regulation cover this?

[Anonymous]

Are the DWP trying to recover the i/s o/p or have they written it off?

[liffe]

The DWP have confirmed they have recovered the overpayment in full from arrears of Incapacity Benefit due.

[Anonymous]

I’d go back to April then as the DWP have decided that there is a recoverable o/p.

Hope this helps.

[Stalbansbenefits]

[quote:7975d68750]From memory, in the olden days, when an end of entitlement was received for Income Support because entitlement to another benefit was due (Incapacity Benefit in this case), the case was ‘ended’ from the I.S. paid to point rather than the actual termination date. [/quote:7975d68750]

Even in the old days you would still have included the IB as income from April and probaby created an overpayment. The Regulation you refer to was to do with when the benefit period ended, which was relevant for ‘repeat’ claims within 4 weeks etc. It was so people didn’t have to get into back-dating if their Income Support was retrospectively terminated because the DWP had spent ages assessing their entitlement to another benefit.

[Author]

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