Hi,
I have a case under appeal re :O/P of IS - Client was in receipt of IS as a lone parent but failed to disclose that her partner was living with her . This created O/P on the IS claim . Surprisingly , at that time the partner had also an IB JSA single claim in existence. In the appeal I argued that under the provision of Reg 13 (POAR) Regs 1988 - an offset should apply for the additional amount of JSA which should have been made - the DWP have refused this because of the last paragraph of the Reg which states ' but no other deduction shall be made in respect of any other entitlement to benefit which may be or might have been determined to exist .' Are they correct that this provision does not apply in the circumstances of my case? Can an offset apply for any additional amount of JSA which was not payable under the original but which should have been determined to be payable had the non - disclosure been remedied before determination ?
I find the wording of this regulation to be confusing and diffcult to understand the correct interpretation. After reading through some commissioners decision - CIS /546/2008 (facts of this case is slightly different to my case ) and CIS/2291/2001 (the facts of this case was that there was no JSA claim in existence ) On reading these decisions -my understanding is that if there was no claim in existence then the offset of any notional enitlement cannot apply.
The other question is - Does the offset of a benefit has to be the same as the overpayment ? I hope some one can enlighten me on this .
In the above decisions references have been made to the following decisions - CP 5257/1999, CIS/718/93, CIS /577/94 and CIS/1771/2000 , which I have been unable to find - If anyone has any of these decisions , please can you let me have a copy or let me know if any of them can assist my case
|