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Forum Home  →  Discussion  →  Housing costs  →  Thread

Claimant requested HB Award to be terminated - Can it be reinstated? 

 

bens
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The Welfare Consultancy, London

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The LA incorrectly calculated HB in so far that income the claimant did not possess was taken into account.

An overpayment was created to the tune of 4k+

The Claimant is from abroad and does not speak English well. In frustration of receiving benefit and then being asked the money back [in error] he went into the LA’s office and asked to terminate his award by way of making a statement “please cancel my benefit due to change my income.”.

I’m looking for case law which supports the proposition of such a termination decision being revised in the claimants favour -in order to avoid him claiming UC.

From the case law below it seems that the above decision cannot be revised.

https://www.rightsnet.org.uk/welfare-rights/caselaw/item/Whether-an-award-of-benefit-can-be-made-notwithstanding-the-withdrawal-of-a

     
chacha
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Benefits Dept Hertsmere borough Council Herts

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bens - 11 December 2018 11:29 AM

From the case law below it seems that the above decision cannot be revised. https://www.rightsnet.org.uk/welfare-rights/caselaw/item/Whether-an-award-of-benefit-can-be-made-notwithstanding-the-withdrawal-of-a

I think that case really pertains to withdrawal of new claims, CH/2008/2011 is a better fit for the circumstances you have described. It’s on rightsnet.

     
Daphne
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Chacha - do you want to just check the number - I can’t find it either on rightsnet or the old UT decision site

     
Timothy Seaside
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Housing Services, Arun District Council

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chacha
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Benefits Dept Hertsmere borough Council Herts

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Hi Daphne, just Googled it and it directed me to a pdf copy as I also couldn’t find it on the old UT site? Here CH/2008/2011, I just assumed it was on Rightsnet.

Thanks for the link Timothy.


Can’t seem to copy the link so see below
https://www.google.co.uk/search?hl=en&dcr=0&source=hp&ei=WNYPXP5eo_mrAa-5iNgC&q=CH/2008/2011&btnK=Google+Search&oq=CH/2008/2011&gs_l=psy-ab.3…920.920..1554…0.0..0.102.102.0j1…...0….1j2..gws-wiz…..0.vewuHT8Kh6Q

      [ Edited: 11 Dec 2018 at 06:06 pm by chacha ]
bens
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The Welfare Consultancy, London

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Thanks for all the replies.