A client of mine has just had a decision revised in her favour and her IS claim is being reopened from last November. I rang Glasgow BDC to enquire about her arrears and was told that they would not issue arrears or put claim into payment until she made a statement telling them what she had lived on while her claim was (incorrectly) closed.
I haven't come across this before, I have I just been lucky previously, or are they correct to do this?

Many thanks.

Well, they can and they can’t. Once any decision altering entitlement is superseded or revised, either on appeal or otherwise, then the previous awarding decision has full legal force and must be implemented without undue delay.

However, depending on the circumstances, it is legitimate for the Department to make enquiries as to whether there have been any relevant changes of circumstances since the original decision was made. A simple form sent to the claimant to sign confirming no change should usually be sufficient.

If the Department has evidence of a relevant change of circumstances (and I mean evidence as opposed to mere suspicion or disbelief) then it is entitled to require concrete proof to the contrary. What it shouldn’t do is to go on a fishing trip requiring detailed chapter and verse from a claimant as a matter of course.

If the Department doesn’t issue a form re – any change of circumstances, then a brief letter signed by the claimant stating “living off irregular payments for food and fuel, etc, totalling approximately £….” (this figure should be less than the capital limit as irregular payments like these should be classed as capital). The Department should not require the claimant to provide corroboration as a matter of course and should accept the claimant’s word unless it has evidence to the contrary. Any payments in kind that were made are disregarded, so should not be a sticking point.

However, if regular payments were made to the claimant then the Department may, legitimately, make further enquiries both of the claimant and from anyone making those payments to ascertain whether those payments were voluntary and as such disregarded, or if not voluntary, taken into account as income.

By the way, if your client lives in London what on earth is a BDC in Glasgow doing administering his claim?

Thanks for that.
Glasgow covers parts of West London. As my work covers various bits of London I also have regular dealings with Belfast and Makerfield so it can be interesting to see how service changes from site to site. Virtually no claims are now dealt with in London. The only site I can think of is Hackney / Stratford and the least said about them the better!

Back to the matter in question - they have offered to make my client an appointment at her local office and I have been told they will email the details she gives them up to Glasgow to put it into payment. Sounds very strange to me - I wouldn't treat that as a signed statement myself but if they are willing to accept that and it speeds things up then all the better.

Many thanks.