Claimant requested HB Award to be terminated - Can it be reinstated?
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.
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.
Chacha - do you want to just check the number - I can’t find it either on rightsnet or the old UT decision site
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.
[ Edited: 11 Dec 2018 at 06:06 pm by chacha ]
Can’t seem to copy the link so see below
Thanks for all the replies.