stainsby
Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since 22nd Jan 2004
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RE: Housing Benefit OP from 2000
Mon 11-Oct-04 10:12 AM |
I would argue that a decision must include any determination embodied in it or necessary to it and so if the superseding decision was made after Reg 104 was amended, the amended Reg 104 would apply.
I dont think the anti- test case rule in Sch7 para 18 of the CPSSA 2000 necesarily precludes anyone from using Adan in relation to amounts to be offset under Regulation 104 because the anti- test case rule thoughout refers to entitlement to HB. This must mean actual entitlement.
Regulation 104 is by nature retrospecetive and is concerned with amounts that would be properly payable if the true circumstances at the time of the overpayments were known. Before the abolition of benefit periods, there could be no ongoing entitlement to HB without a fresh claim if the previous claim had been ended after the termination if IS. Any amount offset under Regulation 104 is not entitlement in such a case.
The common shorthand "underlying entitlement" confuses the issue in relation to the anti test case rule.
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