Terms & Conditions

[Anonymous]

Hate to mention the ‘u’ word, (:evil:) ,but can I have some feedback on what other LAs do with regard to underlying entitlement?
Do you always apply the u’lying entitlement provisions when you get advantageous and disadvantageous changes, regardless of whether there is on-going benefit, or do you only consider u’lying entitlement where there are overpayments and no on-going benefit?
I know that the regs require us to always consider underlying entitlement whenever we create an overpayment, I just wondered when other LAs do it in reality.

[Anonymous]

We always apply underlying entitlement for any overpayment.

[AlecS]

Same here- we apply underlying entitlement on all overpayments. The trouble is trying to get staff to remember to apply it where a beneficial change in circumstances has not been notified in time.

[markp]

Just a thought……….

Underlying entitlement does not apply to OP’s caused by a change of address. Maybe at odds with everything now being a change of circs but that’s how it is.

Do I know what I'm doing? The jury's out on that........................

[Ozzies Mate]

[quote:2446b4dbf0]The trouble is trying to get staff to remember to apply it where a beneficial change in circumstances has not been notified in time.[/quote:2446b4dbf0]

Alec, am a little confused. Do you mean including beneficial changes within the u/e period?

[Anonymous]

Our particular problem area is with tax credits – you often get a tax credit award letter where the tax credit awards have fluctuated, sometimes meaning that the tax credit award is lower than the one you hold, and then higher, etc.
When it goes lower, that’s advantageous, but when it goes higher, that’s disadvantageous, so would you apply each change separately and then calc any underlying entitlement caused by the lower awards to offset any overpayments caused by the higher awards?
Sorry, I’ve been thinking about this far too long – hopefully you see what I mean!

[Ozzies Mate]

I would tend to favour that should you condsider the notification to be deemed as late for the earliest possible advantageous claim, once you have made the earliest change & determined there will be an o/p then you must include all advantageous changes after that into the u/e calc.

[AlecS]

Ozzies Mate,
Sorry, should have expanded it a bit more but yes that is what I meant.

[Author]

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