Closed period supersession

Hi All,

Client in receipt of HB - he goes to Canada on 30/06/22, with his family including a disabled child. Client says the reason for the trip was to get medical treatment for the child, ASD, and has provided letters from the Dr’s in Canada.

He came back to the UK on 10/09/22

HB found out he had been out of the UK and on 18/10/22 asked for details of his temp absence, he provided the letters noted above and they refused to accept could extend the 4 weeks and HB was terminated and overpaid.

I assume as the entitlement ended for the reasons that it did, and applied retrospectively the client cannot seek to have that period closed off, and HB continue?

I ask this as it is looking difficult to justify the argument they went to Canada for approved medical treatment, as ASD is commonly treated in the UK, as HB have pointed out.

Any ideas other than appealing in the meantime?

That is a textbook closed period supersession as far as I can see: by the time HB finds out about the issue and deals with it, the period has already ended.

I won’t comment on the reasons for absence as that will obviously turn on detailed facts and evidence about which you know more than I do.  If there is no entitlement to HB after the dust settles, closed period supersession is certainly the obvious way to deal with it.

What about other benefits if they are/were claiming any: have they adopted the closed period approach?

HB Anorak,

Many thanks - I will go for that.

Only other benefits are Tax Credits and client’s PIP, who it seems passed on the details of absence to HB, as it just turned out he recently won an appeal and before they paid they did the usual have you been abroad, in prison etc since date of award, and client disclosed.

Client has already been advised that HMRC could also look at his TC claim.