What to do in this case? IS in payment / joint working

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 4 posts - 1 through 4 (of 4 total)
  • Author
    Posts
  • #31999
    sharonwarner
    Participant

    We have a claim which has been suspended since Feb 2010.

    It is a joint working case with DWP but the situation remains that the claimant has been and remains on IS for the period in question and currently.

    As the claim is suspended, Investigations have asked that we use a maximum income for the period Feb – present and then allow claim to pay from now.

    As IS is still in payment, albeit under investigation, are we able to leave it suspended?

    My concern is that IS is taken back and we then seek to recover an o/p we were aware may have been created when we paid the money, OR, we don’t pay for the period Feb – present and claimant loses their home.

    Any guidance on this area please?[/b]

    #89451
    Anonymous
    Guest

    I think you need to wait for the DWP to make a decision. As it stands, while IS is in payment, your claimant would be entitled to max HB/CTB.

    That said, as the claim has been suspended now for 8 months – presumably the claimant has had ample opportunity to provide what is needed to recalculate their entitlement. If they’re not playing ball you could terminate from the date of suspension regardless of what the DWP are doing. If all of the evidence has been provided maybe you need to give the DWP adjudicators a gentle nudge in the right direction.

    Alternatively, maybe your investigations team is looking for a notional overpayment – something to give them an idea of how best to proceed with their case. I wouldn’t have any problem providing them with that as long as you are clear that it is not an actual overpayment.

    #89452
    Kevin D
    Participant

    There isn’t any need to use a different income for the period of non-payment. DARs 11 & 13 allow for partial suspension, so it would be lawful to keep some payments suspended whilst allowing other payments to be made.

    Based on the info so far, I think any form of supersession / revision / termination at this time is premature – at least until the DWP have reached a “final” conclusion.

    #89453
    nolan1
    Participant

    “…That said, as the claim has been suspended now for 8 months – presumably the claimant has had ample opportunity to provide what is needed to recalculate their entitlement. If they’re not playing ball you could terminate from the date of suspension regardless of what the DWP are doing. If all of the evidence has been provided maybe you need to give the DWP adjudicators a gentle nudge in the right direction…”

    Has the claimant actually been told what information is required? also has the claimant actually tried to supply it?

    Are your investigators and/or the dwp investigators in possession of some information/evidence which you dont have/have not seen?

    Depends what it is but it may influence whether I pay a part suspended amount etc.

    Dont see how a “…maximum income…” could be used for a period without justification and then pay without knowing what was being investigated.

Viewing 4 posts - 1 through 4 (of 4 total)
  • You must be logged in to reply to this topic.