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Top Income Support & Jobseeker's Allowance topic #3597

Subject: "extension of temporary absence due to accident" First topic | Last topic
suec
                              

outreach and welfare rights adviser, lewes + seaford cab
Member since
17th Nov 2005

extension of temporary absence due to accident
Thu 18-Jan-07 01:28 PM

Readers' input woud be appreciated.

Single parent on IS. Went on holiday with children originally for less than a month. While on holiday and within 4 week period son suffered serious injury in an RTA: medical advice that he should not travel.
As a result and pending recovery with medical input client and son did not return until 3 months after initial departure.Failed to notify IS until their retrun. IS terminated with retrospective effect from 4 weeks after departure. IS now seeking overpayment recovery for 2 months

Question: we are trying to reduce the overpayment. Initial period of up to 4 weeks is covered by IS Reg 4(a): can the period be extended to 8 weeks under 4(b) on the grounds that from the date of the accident(within the first 4 weeks)claimant is "accompanying her child solely in connection with arrangements made for treatment of a bodily disablement" . The Regs don't seem to say that the arrangements need to be made before departure.

sue

  

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Top Income Support & Jobseeker's Allowance topic #3597First topic | Last topic