I feel like I'm never off this site at the moment!

Client's IB suspended way back in January - failing to attend medical. The delay has been exacerbated due to DWP loss of forms, the need to arrange another medical etc etc.

It's obviously had a knock on effect with his HB. They're refusing to pay based on his nil income as his IB decision is pending.They say they "can't pay unless there is imminent eviction".

Surely not?

Why can he not claim Income Support?

Duncan, he can't because he doesn't fall within the group of people who can claim (see IS regs Schedule 1B paras 24-27). It's not a capable of work decision- it's a decision that he failed to attend a medical examination without good cause. With regard to HB issue, if client is not a council tenant, I can't see why LA cannot make interim payment of HB (Reg 93(1) HB regs) pending outcome IB issue. In any case, LA should not be making unreasonable requests for client to provide evidence of income he does not have- if he is being supported by family/friends at present, a letter from them should suffice as evidence of income.

Blimey the arguments I've had with them about him not being able to provide the proof that he has no money - he even used to get his IB paid by giro as no bank account. We've provided letter from mum to say she's been keeping him.

I'm going to hve to ring to ask what regs they're using to refuse to pay his benefit or at least an interim payment as he does rent privately.

I'd posted this as I thought there must be something they were relying as they were so adamant they couldn't pay. I couldn't find anything so have to come to the forum just in case I've missed something.

Nothing that I can see to prevent him being paid. There's something, somewhere, about information requests having to be reasonable (which this obviously isn't) but I can't find it....

Has his medical condition changed such as to allow him to make a new ICB claim? Got worse or a new medical problem arisen?

Can he sign on to get JSA while his ICB is being sorted out?

HB reg 74 Evidence and information, says that a person who makes a claim or a person to whom HB has been awarded, shall furnish such evidence...as may be reasonably required by the relevant authority.

HB reg 21 allows the HB office to estimate the amount which is likely to be his avarage weekly income. This could include any money from his family.

HB reg 91, Payment on account of a rent allowance allowas the HB to be paid if it is impracticable for the rent claim to be decided on and the claimant has not failed without good cause to provide infomation to allow a decision to be made. So if good cause can be shown for the ICB details to not be provided, then HB should make a payment.

I did go through all signing on advice at beginning but he's recently had nervous breakdown (deterioration of original condition for which he was receiving IB) and is no fit state to handle siging on. His medical was yesterday so hopefully it won't be long before IB is back in payment. We tried the avenue for new claim but DWP said it would take longer than arranging a medical. Once you get the ball rolling with something it's then difficult (more delay) to pull out and try another stance particularly in the current climate.
It's been a nightmare round here for any new claims. IS goes to one office and IB to one of three others and you can never find out where they are. I despair of the new system. FOUR months since he had any money! His elderly mum on GPC herself has been trying to keep up his rent payments as well as feed him.

Thanks Duncan, your posts came in as I was sending mine. I'm going to fax LA this very minute. That's another thing, they wouldn't even talk to me let alone answer my letters even though they had client consent. The call centre person told me they do not have to keep me informed as I am neither the customer or the benefit assessor!!!!!!!!! My subsequent letter went straight to head of benefits of course and now they at least speak to me.
I want to rant and rave frustratedly but will have a brew first before I say something I'd definitely regret.

Is HB in payment but the LA is refusing to recalculate based on change of circs? If so then interim payment not applicable as it is not a claim but a supersession. If it is a claim then section 130(1)(c)(i) of the SSC&B Act 1992 requires them to pay HB to people with no income. Interim payment reg then comes into play. Either way they must calculate/recalculate his HB and pay him, subject to para 3 below.

If a supersession has been requested (based on change of circs) then the LA must make a supersession decision, even if it is a supersession at the same rate decision. Then the claimant can then appeal. This is of no real help, as it will take time for a hearing.

However the argument to be put in the appeal letter would be that there is no requirement in english law for a person to provide corroboration of a statement. However, as he has supplied corroboration, which by any standards seems entirely plausible then that statement must be accepted unless, and only unless, the LA have evidence (not mere disbelief or suspicion) that the statement is untrue or that he has undisclosed income.

The problem is that a public authority can drag these things out causing acute suffering to claimants. Remedies are available of course, for things like abuse of power, but these take time and do not help claimants in the short term.

This is what is really frustrating, (some) public officials hiding their own ignorance behind a thin veneer of legitimacy that cannot stand up to any real scrutiny but is capable of dragging the process out to a sufficient degree to cause real distress and hardship.

Sorry about the delay in getting back about this but have only just come back into office to find a message that they've now agreed to pay HB on nil income. As we all know it shouldn't need third parties (WROs) to constantly tell them they're wrong but in all my 15 years of advising I've never known DWP/LA staff to be any different.