Discussion archive

Top Disability related benefits topic #750

Subject: "suspended benefit on remand" First topic | Last topic
julie
                              

welfare benefits specialist, dorking citizens advice bureau
Member since
10th Jul 2004

suspended benefit on remand
Thu 23-Sep-04 04:57 PM

my client was on remand for five years before he was extradicted to Greece earlier this year - on remand there for 3 months - tried and found not guilty came back to England in July. Is diagnosed paranoid schizophrenic - has reclaimed all his benefits - was on DLA when he went in which was suspended - since he was never convicted I understand from CPAG book that he should be entitled to claim back suspended non-means tested benefits - rang DLA and they said only if he was on remand for a civil offence - obviously I will write in for a proper decision - but meantime would like to know what the legislation actually says does anybody have any idea where to look for this please??

  

Top      

Replies to this topic
RE: suspended benefit on remand, nevip, 24th Sep 2004, #1
RE: suspended benefit on remand, andyplatts, 24th Sep 2004, #2
RE: suspended benefit on remand, jimpepin, 24th Sep 2004, #3
RE: suspended benefit on remand, julie, 24th Sep 2004, #4

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: suspended benefit on remand
Fri 24-Sep-04 09:29 AM

Julie

The DWP are wrong in saying that it only applies to civil offences.

The relevant regs are regs 2 and 3 of the Social Security (General Benefit) Regs 1982.

Regards
Paul

  

Top      

andyplatts
                              

Team Manager, Welfare and Employment Rights Servic, Leicester City Council, Leicester
Member since
11th Feb 2004

RE: suspended benefit on remand
Fri 24-Sep-04 09:34 AM

Can you actually be put on remand for a civil offence?

  

Top      

jimpepin
                              

Adult Social Services, Borough of Poole
Member since
29th Jan 2004

RE: suspended benefit on remand
Fri 24-Sep-04 09:56 AM

Authority to disqualify is in Section 113(1)(b) of the SS Contributions & Benefits Act, referring to people undergoing imprisonment or detention in legal custody; but 113(1) does start off with: "Except where regulations otherwise provide ..."

The pertinent regulation is reg 2 of the SS (General Benefit) Regulations 1982 - exceptions from disqualification for imprisonment, etc. Reg 2(2) says there's no disqualification for pretty much all the non-means tested benefits (including, of course, DLA) for any period of imprisonment or detention concerning criminal proceedings, unless a (custodial) penalty is imposed at their conclusion. Also, if you're in custody outside GB but would have fallen within reg 2(2) if in GB, you're also OK - reg 2(9).

So, people found not guilty aren't disqualified. Reg 3(1)(a) goes on to confirm that suspension (ie not disqualification) applies during custody; and 3(4)says that the suspension period doesn't count when considering Claims & Payments Reg 22, which might otherwise extinguish entitlement because of failure to obtain benefit within the prescribed time.

My guess is that the DLA lot are confusing this case with that of a person detained for a civil offence; in such a case, even if the law imposes a custodial penalty, benefit isn't disqualified,in contrast with a criminal case. CD R(S) 8/79 confirmed this.

Refer them to DMG para 12060 et seq, which deal with this accurately.

Jim

  

Top      

julie
                              

welfare benefits specialist, dorking citizens advice bureau
Member since
10th Jul 2004

RE: suspended benefit on remand
Fri 24-Sep-04 12:44 PM

thanks a lot - and every one else who replied - I thought they were talking nonsense - so I can now gird my loins for the fight - excellent - thanks again
julie

  

Top      

Top Disability related benefits topic #750First topic | Last topic