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They will have superseded the HB award on the grounds of a change in circs - though IS stopping isn't a change of circs that automatically stops HB.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