Hi I have a client who went abroad on 18/01/06 and returned to the UK on 10/04/06.

His daughter notified the Jobcentre of his trip and JSA stopped. She also notified HB that he had gone abroad a few days after he left. She could not tell anyone when he was coming back as he had not decided at the time.

Client returned and started to work immediately. Income too high to qualify for HB/CTB since return.

Local Authority wrote to him on 23/05/06 advising that they had cancelled HB/CTB because JSA had stopped and invited him to reclaim or provide evidence of income within 28 day deadline to offset overpayment using reg 104. Client did not respond.

He has now received a letter from the LA customer accounts requesting repayment and sought advice. He does not really have any reason for not responding to the notification letters. As his rent account wasn't in arrears he wasn't worried.

He would have been entitled to full HB for the majority of the overpayment period as away for less than 13 weeks, and he had no source of income, but for his failure to respond to the overpayment/ cancellation of benefit letters.

Any suggestions?

underlying entitlment? is it too late for him to provide information now? Sorry i always get confused on this.

Did the LA have grounds to cancel the claim or should they have suspended it? I am guessing it was cancelled as more than 13 weeks between JSA stopping and HB responding.

Ill keep looking but any help greatly appreciated.

In respect of Underlying Entitlement I do not think there is anything in the regulations to prevent the LA calculating this, even at this late stage. (My LA certainly is very flexible about this)

However, you may find yourself a victim of timing, the DWP have just issued circular A13 saying LAs should only do this if the claimant has shown “good cause” for not providing the evidence earlier. Although this is hokum in my view some LAs may be swayed by the advice.

Well i thought the same, about there not being anything preventing the LA from looking at underlying entitlement after the usual appeal timescales. I have always been slightly confused about whether there is technically a deadline for providing this information. But the LA notifcation states

"it is possible that we may be able to reduce the total overpayment .... under benefit regulations we are instructed ..... to takin into account your true circumstances for the period of the overpayment as per HB Reg 104.

In order for us to recalculate the amount we are seeking to recover you will need to provide within 28 days of the date of this letter, proof of your total income and capital for the overpayment period.

Failure to provide this additional information will mean that the overpayment amount will not be reduced. "

This suggests 28 day deadline?

Are they right to impose a deadline then? I really need to clarify this as i have a number of HB overpayments enquries booked in.

Any thoughts greatly appeciated.

Reg 86 allows LA to request information etc from claimants, to be supplied within 1 month, or longer if LA consider reasonable. This is presumably where their 28 days comes from. Reg 104 has no time scale, and arguably the full o/p calc has not been done until underlying entitlement has been taken into account. Worth an appeal I would have thought.

Simon

What evidence of income during the period abroad could the claimant provide?

I would go for a late appeal

Hi Reta,

I get alot of these in my probation job clients usualy have good cause because of drug dependancy and unsettled lifestyle. I always do a late appeal togeter with wriiten statement from client as to income usualy nill.

This usualy works at reconsideration.

Phil