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Top Other benefit issues topic #4357

Subject: "reporting changes of circs - positive changes - discussion" First topic | Last topic
Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

reporting changes of circs - positive changes - discussion
Wed 10-Mar-10 04:07 PM

What are your views (and hence your advice to clients) about NOT reporting changes in circumstances that may INCREASE entitlment to benefit. For example:

- the client whose capital as reduced and who is entitled to an increase in income support
- the client whose disability worsens and who may now be entitled to the support component
- the person whose disability worsens and who may be entitled to an increase in DLA
- the person whose working hours reduce and who might be entitled to an increase in HB/CTB

1. Are such changes required to be notifed to the appropriate department?
2. Are there any consequences for the client (and possibly an advisor) of not notifying these changes?


  

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Replies to this topic
RE: reporting changes of circs - positive changes - discussion, trishc, 11th Mar 2010, #1
RE: reporting changes of circs - positive changes - discussion, Gareth Morgan, 12th Mar 2010, #2
RE: reporting changes of circs - positive changes - discussion, michaeldwpdma, 12th Mar 2010, #3
RE: reporting changes of circs - positive changes - discussion, Tony Bowman, 16th Mar 2010, #4
      RE: reporting changes of circs - positive changes - discussion, clairehodgson, 16th Mar 2010, #5
           RE: reporting changes of circs - positive changes - discussion, ariadne2, 16th Mar 2010, #6
                RE: reporting changes of circs - positive changes - discussion, clairehodgson, 16th Mar 2010, #7

trishc
                              

systems support officer, West Lindsey DC
Member since
11th Jul 2008

RE: reporting changes of circs - positive changes - discussion
Thu 11-Mar-10 07:56 AM

as an LA HB/CTB person I would advise that any changes of circs are reported, and let the appropriate dept decide if it has an effect on the benefit award. The reporting requirements for different benefits are quite complex as you know, and it cant be easy for customers to decide if their change will affect their benefit.

from the HB/CTB pov
1: increase in IS has no effect on HB/CTB
2: and 3: increase in or award of DLA *may* increase HB/CTB so should be reported.
4: reduction of working hours *may* affect WTC so should be reported to them as well. Reduction of earnings *may* affect HB/CTB so should be reported promptly as delays of over a month may mean the CoC falls foul of the late reporting rules and only affect HB/CTB from the date it was reported, not necessarily the date it occurred.

  

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Gareth Morgan
                              

Managing Director, Ferret Information Systems, Cardiff
Member since
20th Feb 2004

RE: reporting changes of circs - positive changes - discussion
Fri 12-Mar-10 05:03 PM

Not notifying income reductions which would increase Tax Credits may lead to higher HB & CTB until such a change is notified and any TC backpayment will have no effect on the previous period.

Otherwise,... why?

  

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michaeldwpdma
                              

Pension Credit Specialist, DWP Stockport
Member since
04th Feb 2010

RE: reporting changes of circs - positive changes - discussion
Fri 12-Mar-10 05:36 PM

Can't see who wins if it's not notified...

If a decision is advantageous to the claimant such as where benefit is awarded, the amount paid is increased or the claimant gains financially etc... then if the change is notified within the time limits the effective date of the supersession will be the date the change occurred...

if it's outside the time limits then its the date the change of circs was received in the appropriate office.

Can't see a reason for delaying any notification where more benefit may be payable. The customer only penalises themselves and usually it will end up as an appeal against why it's not been backdated.

  

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Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: reporting changes of circs - positive changes - discussion
Tue 16-Mar-10 12:04 PM

I was seeking comments purely from the 'claimants responsibility to report CoC' point of view.

The most obvious example to answer the 'why' question, is the claimant that chooses not to initate a supersession for DLA having weighed up the risk of losing any of the existing award.

See the 'pointer' questions in the original post...

  

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clairehodgson
                              

solicitor, CMH Solicitors, Durham
Member since
09th Apr 2009

RE: reporting changes of circs - positive changes - discussion
Tue 16-Mar-10 02:21 PM

which in a way goes back to why do people not claim? answer, because of the grief and stress...

i can see where you're coming from with that one, but think shoudl always advise reporting e.g.a deterioration in condition ...preferably in writing .. thus avoiding any possible negligence claim later!

  

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ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: reporting changes of circs - positive changes - discussion
Tue 16-Mar-10 06:23 PM

When I started on my legal training (at the ripe old age of 35), our tutor said to us: "We will have you thinking like lawyers by Christmas. And in some ways it's a shame. You will never look at the world in quite the same way again."

Claire has just given a fine example of this!

  

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clairehodgson
                              

solicitor, CMH Solicitors, Durham
Member since
09th Apr 2009

RE: reporting changes of circs - positive changes - discussion
Tue 16-Mar-10 09:17 PM

yup

it also makes you anally retentive about correct use of words....

you were behind me ariadne, i started at 28 LOL

  

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