Terms & Conditions

[Jo Gregory]

We have a case where the weekly amount calculated under underlying entitlement is more than the weekly original entitlement. As the claimant late notified a CIC the overpayment can be off-set and the remaining UNENT cannot be paid to the customer.
I am writing to the customer about this and I am unsure what Regulations to quote him.
D&A reg 8 covers the late notification, and HB Reg 104 covers UNENT. However, I cannot find the reg which does not allow us to pay the difference between original ent and UNENT.
Can anyone help 😳

[Anonymous]

The regulations you have cited cover your needs – the D&A reg tells you the date from which the change actually takes effect, ie the day from which the increased benefit entitlement is payable. HB reg 104 relates solely to the calculation of the amount of the recoverable overpayment, which in this case has been reduced to zero – there is no provision within either regulation for the additional amount of UE (which, it should be remembered, is “virtual” benefit, not an actual entitlement) to be paid as if it was an entitlement.

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