Subject:
"extension of temporary absence due to accident"
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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.