Underlying Entitlement – Appeal Case

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  • #39558
    liffe
    Participant

    We have a claim which is due in court tomorrow where the customer has also appealed against the decision as she was working & not declared it. We asked her to provide info to consider u/e but she only provided a revised tax credit award letter, no pay slips etc. We wrote to the clmt to advise we would not consider u/e because all info was not received. Was this the correct decision or should we have revised the decision based on the tc’s? This would have resulted in an increase in hb/ctb.

    #112517
    Andy Thurman
    Keymaster

    If your original decision was based on actual wage details then, yes, the UE should be applied.

    #112519
    liffe
    Participant

    The claim was terminated following a request for info from an ETD regarding end of I.S. she failed to provide any wage details within the time limit.

    #112521
    nick dearnley
    Participant

    If you’ve asked for information that you need to work out what the UE would be, and she has not provided it, I would draw an adverse inference that her new income is high enough to take her out of benefit altogether. She won’t provide payslips if she’s trying to deny that she’s working…

    #112523
    Anonymous
    Guest

    How would you calculate entitlement if you don’t have pay details? Does the tax credits award letter give employment details – is she suggesting you use that? Does she say why she cannot provide payslips?

    Is there some dispute about whether she was working at all? If her only income was tax credits, I would use the tax credits as income to recalculate entitlement (since claimant has appealed you’re still looking at normal ongoing entitlement, not UE).

    If she says she was not working I would assume you have some evidence to the contrary – it will be up to the tribunal to weigh up the evidence.

    #112527
    Andy Thurman
    Keymaster

    I echo Michael’s comments here.

    If she is disputing that she has been working (& declared that she has not) you will need strong grounds to draw an adverse inference to the contrary. Is it just Child Tax Credit she has been receiving?

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