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Top Other benefits topic #173

Subject: "Severe Hardship Allowance + Industrial Injuries Benefit" First topic | Last topic
karen
                              

Welfare Rights Adviser, Eastbourne CAB
Member since
22nd Jan 2004

Severe Hardship Allowance + Industrial Injuries Benefit
Tue 12-Oct-04 08:36 AM

Could anyone point me in the right direction for finding information on SHA. I understand that it was replaced by Reduced Earnings Allowance. Client states SHA was not means tested but is now being treated as income by HB/CTB??????

  

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Replies to this topic
RE: Severe Hardship Allowance + Industrial Injuries Benefit, jj, 12th Oct 2004, #1
RE: Severe Hardship Allowance + Industrial Injuries Benefit, karen, 12th Oct 2004, #2
      RE: Severe Hardship Allowance + Industrial Injuries Benefit, jj, 13th Oct 2004, #3
           RE: Severe Hardship Allowance + Industrial Injuries Benefit, karen, 15th Oct 2004, #4

jj
                              

welfare rights adviser, saltley & nechells law centre birmingham
Member since
21st Jan 2004

RE: Severe Hardship Allowance + Industrial Injuries Benefit
Tue 12-Oct-04 02:40 PM

it was replaced in 1988. there used to be a £4 disregard for supp ben purposes - this was lost when supp ben changed to IS.

what is your client's problem?

jj

  

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karen
                              

Welfare Rights Adviser, Eastbourne CAB
Member since
22nd Jan 2004

RE: Severe Hardship Allowance + Industrial Injuries Benefit
Tue 12-Oct-04 06:14 PM

Client's problem is very large overpayment of HB/CTB over a number of years which local authority state is due to SHA and its replacement not being declared. Client says SHA should be disregarded so he did'nt need to declare it (know client should of done so, but wondered if the disregard situation was right under SHA rules). Local authority are treating it as overpayment rather than fraud.

Have to admit to feeling rather overwhelmed when I visited the client at home he had letters covering the whole lounge floor!!

Any advice gratefully received!

Karen

  

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jj
                              

welfare rights adviser, saltley & nechells law centre birmingham
Member since
21st Jan 2004

RE: Severe Hardship Allowance + Industrial Injuries Benefit
Wed 13-Oct-04 09:47 AM

Eeeew! nasty. the LA has evidence going back that far?


the old legislation might take a bit of tracking down, but i expect NACAB, or whatever they're called these days would have it, or your could ask the LA. i'm just going on memory, i'm afraid, and i can't remember the HB rules from the beginning,but expect they corresponded to the IS supp ben rules. SHA/REA is an increase of industrial injuries disablement benefit and is treated as IIDB. i'd expect it to be taken fully into account as income since 1988, with a partial £4.00 disregard prior to that, but my memory is no authority.

if you're asking whether the client is correct in stating SHA did not have to be disclosed, the answer is no. i wonder where he got the idea from? i assume he didn't receive supp ben/IS in the o/p period?

jj

  

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karen
                              

Welfare Rights Adviser, Eastbourne CAB
Member since
22nd Jan 2004

RE: Severe Hardship Allowance + Industrial Injuries Benefit
Fri 15-Oct-04 11:43 AM

Thanks for your help. Still wading through the paperwork. Have asked Local Authority for copies of paperwork and evidence of client not disclosing this income over relevant time period. Really should improve my night-time reading matter!!

Thanks Karen

  

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