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any time review

 

Steph F
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Welfare Rights Argyle Advice Project Glasgow

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I asked HB to consider an any time review as appeal time had lapsed.
tenant HB ended and DWP informed HB via ETD, HB issued a letter to tenant advising no HB.

DWP re awarded HB and again informed HB via ETD, HB did not invite a claim and tenant reapplied after rent arrears accrued,,We asked them to award HB as per DWP decision and they declined advising it was outside time period.
They failed IMO to act on DWP decision and should have issued a letter to tenant inviting a claim.

any ideas ?

     
HB Anorak
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benefits consultant/trainer, hbanorak.co.uk, east london

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Is there a period in which the claimant would not have qualified for HB due to eg earnings? Need to establish whether this is a new claim or revision of decision ending original award before advising further.

     
Steph F
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Welfare Rights Argyle Advice Project Glasgow

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there was a gap in ESA but tenant would still have had an underlying entitlement to HB as she had no income, she didn’t engage with HB when suspension and ended letters issued

     
HB Anorak
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OK, so one other thing. Was the decision expressed as termination with a capital T? That is the mechanism by which the HB award is forfeited for failure to cooperate with reasonable enquiries. Or did they make an adverse inference about income? Or best of all was it incoherent garbage using the forbidden c-word (cancel), which might lead to an argument that no valid decision has yet been made. Could you upload a copy of the decision if you have it?

     
Steph F
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Welfare Rights Argyle Advice Project Glasgow

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HOPE THIS HELPS

     

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Timothy Seaside
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Housing Services, Arun District Council

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I think it’s the decision letter of 05/09/2017 that is important.

     
Steph F
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Welfare Rights Argyle Advice Project Glasgow

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Total Posts: 237

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I have requested copy of this decision letter and asking why HB failed to invite a claim when they received notification via ETD that ESA had been awarded.