Assuming this is purely about changes of circs (i.e. on JSA or ESA or IS etc, then starting work), it is simply unlawful to a) end someone’s HB/CTB on those grounds alone and b) to require a new claim. The end of JSA/ESA/IS does not, in itself, provide grounds to end HB/CTB and hasn’t done since April 2004. What matters is whether or not the claimant still qualifies for HB/CTB, whether or not working. Many LAs take this wholly unlawful approach because it suits them to do so for administrative expedience. Former Social Security Cmmrs and now Upper Tribunal Judges have regularly criticised LAs for this practice but it still continues.
A couple of examples of legal authority are:
CH/3736/2006 (Social Security Commissioner’s decision) - para 22 (HB/CTB doesn’t end just because passporting benefit ends)
CH/1664/2009 (Upper Tribunal Judge’s decision) - paras 4-5 (HB/CTB doesn’t end just because passporting benefit ends)
CSH/0067/2010 (Upper Tribunal) - para 12. One of now several cases noting LAs are required to follow the legal process and administrative expedience is neither here nor there.
[ Edited: 27 Jan 2011 at 05:14 pm by Kevin D ]
