I have submitted an anytime review for HB overpayment and the local authority now wants proof that my client was receiving IS for a period in 1999 and one in 2001.

1991 period:
They say they have evidence in the form of a NHB8 cancellation notification (now just as a notebook entry, document no longer available) that client stopped receiving IS because she was "working 16+ hours". Client states she has never worked and has health problems. They want evidence from DWP that client was entitled to IS for period.

2001 period:
Client moved out temporarily from home as had been vandalised. Client says council did repairs on property. Client states went into office and told them she was moving out temporarily to live with sister. Housing Benefit section say they were not advised this was a temporary move. They state they had NHB8 notification from Benefits Agency advising client had left property (again now just notebook entry). They want evidence from DWP that client was receiving IS for period. Also want to know if client told Benefits agency move would be temporary and any evidence to support statement.

Not sure where to go from here. Have spoken to JobCentre and they say that all records over 14months are not kept so there is no record going back to this period. Can anyone think where to go from here. I have asked Inland Revenue to do statement of contributions but will take 6 weeks.

Thanks.

regarding NHB8 re temporary move, the notebook entry says presumably says that the claimant had moved from their area (no indication that actual IS ceased.)

I would argue that there should be no need for additional evidence of IS,and that they should do an any time revision on the simple ground that they know the move was temporary (otherwise they could not be paying HB now)

On the issue of the other NHB8, could you not get evidence from your clients doctor regarding capacity for work?

If you manage that you could argue that the evidence is now in your clients favour and the 16hrs+ reason for IS termination lacks credibility

thanks for that, i will look into the points you raised.

As a last resort, get copies of the origninal notification letters from HB re the overpayments, (if you dont already have them).Go through them with a tooth comb and if they are defective in any way, ie do not comply with Sch 6, you can re-open the appeals process as the time limit starts only when a proper notification letter is issued (see CP/44792000)

Although appeals can take ages, you will have the advantage of no longer relying on the good will of the Council, and you effectively shift the burden of proof onto them to an extent.

Hi, just 3 thoughts to go with what's already been said.
Firstly assuming your client was claiming income support for health reasons,why not contact the relevant local office dealing with incapacity benefit to find out the periods that DWP office awarded incapacity credits (national insurance contributions) as the client would have received income support payments in lieu of Incapacity benefit payments if they had not paid enough NI contributions.

Secondly the relevant DWP office income support section or customer services should have entries for that period on their computer however minimal relating to the date when income support was awarded and the date a claim ended, regardless whether or not they have the original papers.Having said that if they only made clerical payments you might have difficulty.

Lastly what about the RATS (remote access terminal)or whatever it's most recent incarnation is called which provides local authorities with confirmation of JSA/IS entitlement.Would be it worth requesting a printout from the local authority because very often they are reluctant to make use of it because of the verification framework.
good luck andy

income support are now saying they may possibly have records going back that far but have to wait for them to find out!

didn't claim IS for incapacity unfortunately so no mileage in checking incapacity credits.

have not heard of RATS. Is this the system that would have produced their notebook entries? I don't understand what you said about 'reluctant to make use of it because of the verification framework' - could you explain that for me please?

RATS is basically the computer system that enables the HB workers to see if a claimant is in receipt of income based JSA or Income support etc.

As for is it the system that produced the note book entries,i don't know,Worth checking though.

Local authorities get an extra subsidy from Government if they adopt the verification framework in full eg insist on the claimant providing original documentary proof of being in receipt of income support rather than verify it by checking RATS to put it crudely.
I'm sure i read somewhere that RATS is going to or has been superceded by another system that covers other info eg incapacity benefit, but maybe i dreamt it.

i'm very sceptical that they don't have records. you don't say whether your client was receiving IS continuously, or in separate periods, or on what basis. if she has been in continuous receipt, i would expect records of payments to still be available. it takes a lot to fill up the instrument of payment screens. they don't have much difficulty finding them when there's an overpayment to be calculated. if she's signed on and off a lot it's possible that some of her records have been archived. i believe it's possible for archived records to be retrieved. staff have access to the Departmental Central Index DCI, which is the NI database, and periods of benefit claims are normally recorded on it, though not the award details. you need to find a helpful member of staff - if your client is currently sick, i'd pick the incap section over the jobcentre any day! if the worst comes to the worst, your client could request a full record print - a fairly incomprehensible ton of paper, but she has a right to it under Data Protection.

You could tell the LA of the problems you have encountered, and ask them, as Andy said, to use their powers to obtain the information. They have a legal right of access to DWPinformation for HB determination, plus they usually have liaison officers with the DWP, and of course, the RATs. (Remote Access Terminals)

jj