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Hi Folks
Think on this?
Client (Single 50's) on Long Term IB.
Takes a job for 3 months from July 2005.
Wages £200 Weekly & WTC paid including Disability & over 50 element so very high at £110+ weekly.
Not due any HB or CTB apart from 4 week run on at start of working.
3 months later October 2005 he goes sick and goes back onto Long Term IB due to linking rules, so IB & WTC still paid, still no HB due.
He should stop the WTC in April 2006 as he is only allowed 28 weeks WTC while on IB but he decides to let it run for another 5 months until September 2006 when WTC stop his award due to non return of the enquiry form.
WTC then create and overpayment and ask for the 5 months WTC overpaid back April - September, fair enough.
He then appeals the earlier HB & CTB decision not to award him HB & CTB (April - October the WTC overpaid period) due to his high income.
Arguing that he feels his only income for the period April - October was his LT IB at £78.50 weekly as he must now pay the £110 weekly WTC back he should now be classed as not having that WTC income during the overpaid period April - October.
I have said it before if you appeal any HB decision in my area they simply allow the appeal rather that go to tribunal.
He came in earlier this week with the revised award decision for the period April - October, FULL HB & CTB AWARDED.
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