D&A Reg 14 & interaction with D&A Regs 11 & 13 & HB Reg 73 - see commentary to Reg 14 in Findlay 17th ed page 930 and HB Guidance Manual paras 02001 - 02015.

Anybody out there know if there has been any commissioners decisions that have addressed the application of these convoluted provisions?

Peter,

A bit more info about the circs of the case you have may be useful - could be there is some case law / CDs that indirectly addresses the issue in question.

Regards

Basically:

new claim 8/04.
'renewal' claim form 1/05
award suspended 2/05 - plus request for information
award terminated 3/05 - failure to supply info.
award has not been re-instated despite subsequent supply of info etc.

(unreported?) change of circs in 04 - non-dep mum moved in, award of CA - these were original reasons for LA info request.

subsequent revision / supersessions of original decision etc on later receipt of the info requested = overpayment decision from date non-dep moved in. Clnt then awarded DLA so more revisions. Issue of working throughout claim now arised (clnt did not) resulting in alleged overpayment of whole award. Plus the usual admin problems!

We argue LA has applied HB&CTB(DA)Reg 14 wrongly having applied it immediately having following HB&CTB(DA)Reg 11(2)(a)(i) / HB Reg 73(1) missing out HB&CTB(DA)Reg 13 procedure (alternative would have been for LA to apply a revision or supersession instead after expiry of HB Reg 73(1) time limit).

What we were looking for was any Comm decision that may have addressed the proper application of these converluted regs!

Sorry more questions!

Was the info missing on the events of 04 in the 1/05 renewal claim? What prompted the suspension in 2/05, ie what prompted them to think an issue arose?

I'll try to come up with an answer instead a question next time!

Disclosure was made in the claim of 1/05 but further detail required i.e date moved in / CA started.