Following an investigation by the DWP, the claimant was advised that entitlement to CA will be withdran with effect from 01/11/2007 because the claimant has been in gainful employment since that date. The claimant informed his LA of this change within 6 days of being told of the DWP decision and requested to hace a re-assessment of his HB/CTB on the basis of a reduction in income.

As the amount of CA paid is nearly twice the amount of carer premium, if the LA supersedes entitlement from the effective date of withdrawal,01/11/2007, the claimant would get a sizable underpayment of HB/CTB.

i am wondering if the LA has any legal basis to exclude CA in the claim only from the date of being notified by the claimant as the LA could take the view that the claimant's had been fraudulently claiming CA.

Any advice would be much appreciated.