Hi

I'm trying to get HB back into payment and backdated for a client with serious mental health problems.

Was getting IS on basis of incapacity for work, but failed submit further sick notes. So IS stopped, and LA was notified. They sent out a change of circs form, which cl failed to return. So they stopped HB.

This was back in June last year.

It now appears that client has been living without income since then - but I can't be sure as was found in such a bad state that doesn't have capacity to tell anyone what's happened.

I've got backdated sick notes and a consultant's letter and I am challenging the capacity for work decision. But want to get HB back in payment without a gap asap.

They will have superseded the HB award on the grounds of a change in circs - though IS stopping isn't a change of circs that automatically stops HB. So they must have assumed an income.

Can I use a balance of probabilities argument? I have no definite proof that there was no income above the applicable amount, but given the sustained mental health issues and the state of the client when found its more than likely.

Thanks for your help

JK

The Council will also have had to go through the proper suspension and termination procedure before it was able to end your clients entitlement.

You need to get hold of the suspension and termination notices. There are many LA's who are using software that does not comply with the Regulations as far as the notices are concerned, and others who terminate prematurely (ie before the statutory minumum period of one calendar month that claimantsmust be given to comply with an information requirement) so you have good chance of getting HB resinstated on what the Couuncil would regard as technical grounds.

Have a look at CH/2995/2006, CH/1764/2008, and CH2727/2008

Mr Deputy Commissioner Poynter as he then was confirmed in CH/3736/2006 that the termination of IS is of itself insufficient grounds to terminate HB