stainsby
Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since 22nd Jan 2004
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RE: expectation
Wed 20-Oct-04 01:49 PM |
Kevin D has unwittingly just proved my point, notiwithstanding his point about resonable expectation.
The reaonable expectation must be that the claimant is/was fully aware of and understood clearly that there was an overpayment, not merely that there ought to have been some awareness.
In the present case, the claimants previous knowledge of how HB/CTB works must be relevaant, as would his level of literacy, and the clarity or otherwise of the HB decison letters.
As prefessionals we all understand that IB is taken into account in full as income, but many kinds of similar income can be disregarded, eg DLA, Attendance Allowance, War Pensions. The burden will be on the council to show that the claimant understood those distinctions
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