I have a client who had an existing award of HB based on his earnings. His partner started p/t work but was paid 5 weeks in arrears. The HB award has been reduced from the date the partner started work, which the client thinks is wrong. At first sight it appears the HB have done it correctly.

However, is there any scope for the arguement that the relevant change of circs is the increase in income, and not the increase in hours of work - thus there are only grounds to supersede the award from the date of the partners first pay.

Victor

I would say that the HB section have got it correct, as wages should apply for the period that they cover. In HB income is always applied over the period that it covers, even if paid in arrears. I can not quote the relevant legislation without looking it up, but having just spent 4 years as a HB assessor I would be happy with the above assessment.

Personally I can't see that working. The relevant change of circumstance is the increase in income and this increase will be paid to the client from the day they started work even though they got the money 5 weeks later. CPAG Handbook page 232 has a good explanation of when a change in circumstances takes effect and gives legal references. I think that HB would be correct to change the amount of HB paid from the Monday following the increase in income.