Hi all,

I know of CH/5553/20002 that tribunals have no juristiction over extended payments of HB / CTB, this decision being due to a break in JSA claim.

However, are there any decisions where a claimant has had no breaks in IS/JSA for the 26 wks and the LA never awarded the EP but created overpayments. Has there been a decision where the commissioner decided that the LA should use the EP to reduce any overpayments?

Any pointers would be helpful.

Regards.

I don't know of any Commissioners Decisions, but I won an Appeal Tribunal recently by arguing that an overpayment should be reduced by the amount that would have been awarded by way of an Extended Payment had the claimant notified the authority she had started work. It wasn't too difficult, as Regulation 104 is very clear as to what should be done when calculating an overpayment, and there was sufficient evidence presented to the Tribunal to show that the claimant satisfied the conditions for an Extended Payment.

So, go with Reg. 104, and proof that the claimant satisfied all the material conditions.

I was wrestling with this to try and put it in terms that were relatively concise and could be understood. Bob has done just that.

The crux is in the phrase "proof that the claimant satisfied all the material conditions" in terms of the EP. If the clmt is able to do this, I agree with Bob that an EP should be part of an underlying entitlement calculation.

NB: A relatively small point, but the onus is on the clmt to demonstrate that underlying entitlement is due <CH/4688/2003 & CH/1416/2005 (para 16)>.

Regards