Terms & Conditions

[Anonymous]

Hiya,

I was wondering if anyone could help with a claim we have come across.

A claimant is working and receiving Incapacity Benefit. The DWP have decicded the work is not within the exempt catagory for IB, and have cancelled the Incapacity Benefit back to 2008.

The clmt has informed us within a month of the decision, would we end the Incap Ben from the exact date creating an underpayment or use a notify date?

Thanks

[Kay_Tade]

Are the DWP looking to recover overpaid IB or is this an official error O/P by them?

[Anonymous]

The letter from them isn’t very clear, it states that the work the clmt was doing did not fall into a certain category and the IB had ceased. We were thinking of leaving the IB on, and not creating the underpayment. As its a benefit that the clmt had received, we were going to treat it the same way we would overpaid tax credits

[Kay_Tade]

You need to know what the DWP are doing and date entitlement to IB really ended. If they are recovering the O/P from the claimant then you will need to removed IB from your HB entitlement.

[Michele]

I have a similiar case but DWP has gone back about 10 years. Claimant was working and receiving Incap, DWP was notified that claimant was working but continued to pay Incap. They have cancelled (Jan 2013)the Incap back 10 years and as far as I can tell they have raised the o/p as Officai error so that would suggest they are not seeking recovery. If I was to remove the Incap for 10 years it would create a massive underpayment. I could appreacite if they customer had to repay Incap overpayment they could use the HB underpayment to make the apymnet. However, if DWP aren’t going to recover Incap o/p then the claimant would be able to also keep a rather large underpaymnet.

Should I raise the underpayment and issue payment to the claimant or should I treat as overpaid tax credits? If I don’t raise the underpayment where would I find this in the legislation?

Any help would be appreacited.

Michele…

[Author]

Posts