Hello all;

Came across a letter today which is new with me.

Quich senario; client and partner on incapacity benefit. Client did some permitted work, cutting grass, cash in hand, self employed basis he did inform Incapacity benefit before starting and they agreed permitted work (self employment). Incapacity Benefit asked for income details, he is on lower permitted earnings, he says earned below £20.00 a week (wet summer), but kept no papework, he also said he could not deal with the request as his mental health has been really bad, he has not worked since October but cannot prove this. As he has not given income and expediture details Incapacity Benefit have asked for, they have now stopped his benefit.

The letter sent by Incapacity Benefit says secretary of state decision by decision maker as does not consider will cause hardship. It says NO RIGHT OF APPEAL. Is this correct, can they do this, no appeal seems very harsh.

The letter also says client can contact them if does cause hardship, which i will do as it will cause him hardship. However what can i do in the meantime, can he claim another benefit, clients will now be under IS applicable amount, or can partner calim him as adult dependant whilst we are sorting this out.

I’m not sure from your post what all the details are and it’s difficult to comment with certainty without knowing the exact terms of the letter but 2 things may emerge.

First, there is no right of appeal against a decision requiring evidence or information and a failure to provide may lead to suspension of benefit, which is not appealable either. Second, benefit may then be terminated but this does carry a right of appeal, as it is an entitlement decision.

The letter just says decision maker has exercised his decretion and chosed to stop paying all the incapacity benefit. Letter does not mention suspension rather than termination, but i assume it is suspension. I take it no other benefits can be claimed in the meantime, not hopeful, thought i would ask just in case, as i am getting desperate.

If it is a suspension rather than a curtailment, what would happen if you helped him now to provide the missing information and asked the decision maker to exercise his discretion to unsuspend it?

Thanks for all your help. The ICB have now re instated client's claim after I pointed out that client on suspended possession order for his rent arrears and that he would now be unable to pay, and therefore increased threat of eviction. Not sure if this has any basis in case law, but worked anyway.

Turned out letter was referring to suspension not sanction, just shame didn't actually say this in letter, would have saved me some confusion.