Time limiting of HB awarded on nil income grounds
My client was told by his local authority that they could only pay HB on nil income grounds for three months. (His ESA had been sanctioned at the time.)
Can anyone suggest where this alleged 3 months restriction might come from?
I can’t see that anything has changed since then.
I agree with everything that was said on the previous thread, but in the case of an ESA sanction where income based ESA was in payment, the person remains a person on ESA.
(HB Reg 3A)(a). Sch 5(4)and Sch 6 (5) HB Regs)
This means that there are no grounds to supersede the original decision awarding HB on the basis that the person is on income based ESA. There are similarly no grounds to suspend under Reg 11(2) or 13(2) of the Decisions and Appeals Regulations
The Council in this particular case is clearly wrong on every level
Thank you, that’s very helpful!