Client went to see his Grandfather who was sick, client unable to sign for 4 weeks, he started to sign but missed once. Again made new claim. Client did not have any other income. Threre are HB overpayment, if client is entitled to get HB for the period of not signing/ missed signing (as he did not have any income), which regulation/direction support his claim?

Thanking you
gulam

i would try something simple like a backdate request to the start of the overpayment period as you would have a good basis of appeal if there was a refusal.

you would need to state the period on nil income and advise what monies he lived off or how he supported himself during those periods. you would also need to show good cause, the basis of him "tending" to his sick granfather should suffice. or the HB processing team are being a bit mean!

if it all sounds plausable you would have a good chance on success.

regards.

The following advice is based on the information given and assumes your client has complied with all reasonable requests for info / evidence.

A claim for HB/CTB cannot be terminated simply because IS or JSA(IB) ceases - that regulation was abolished from April 04 (used to be HBR 67).

In the situation described, a clmt is perfectly entitled to continue claiming for the breaks between IS or JSA(IB), so long as s/he qualifies. The changes are simply changes of circumstances and should be assessed as such.

Of relevance in this case, a claim for HB/CTB can only be terminated if there no entitlement at all to HB/CTB (or if the clmt fails to provide info / evidence in support of a claim; the claim first having been suspended.

If the case is that your client had "nil" income for the gaps between signing on, the LA is required to assess the claim on that basis. If the LA has refused to do so, you should appeal immediately on the following grounds:

1) the LA should not have terminated HB as the clmt is still entitled, based on nil income. <nil income claims are allowed - see s.130(1)(c)(i) of the Social Security Contributions & Benefits Act 1992>

2) so long as there is no break in entitlement (although the amount may change), the LA does not have the power to terminate a claim unless it is a result of the clmt failing to provide info / evidence.

3) there is no overpayment as the clmt is still entitled.

4) in any case, even if the claim had been terminated, the LA is required to assess "underlying entitlement" for the period of the overpayment.

If the LA's case is that they do not believe your client had "nil" income, you should ask them for the evidence of that. In any case, pursue the appeal - a Tribunal won't be impressed by an LA basing its case on non-existent evidence.

Hope the above helps.