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HB suspension and termination

22 August 2022, 03:54 pm

Tameside MBC Welfare Rights
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Mental Health WR & Debt Advice Service, Tameside MBC

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Joined: 17 June 2010

Hi All,

Client had HB suspended due to non-completion of a HB review form. Over one month then elapsed and, as the form wasn’t returned, the claim was terminated. However, the termination letter cancels the HB claim prior to the date of suspension which according to CH/775/2019 doesn’t seem to be permissible. I have therefore asked for an any time revision on official error grounds. UTJ Rowland at para 9 quotes from his previous case (CH/2995/2006) stating “termination under regulation 14 cannot be effective in respect of any period before the date of suspension”.

As the original termination decision can no longer be valid due to the issue outlined above, can the HB review form be submitted now and HB put back into payment? ie. without a valid termination decision notice being issued is my client still with within the period of suspension?

Thanks,
Andy

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22 August 2022, 04:22 pm #1

Prisca
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benefits section (training & accuracy) Bristol city council

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Did the termoination create an overpayment?
If so, it looks like the LA have made an adverse inference and there is the usual 1 month to query rthat and provide the missing information

However, if the info has been requested, suspended after a month and then termoinated from the paid to point, i think thats ok. HB is usually paid in arrears. Suspending a claim means no further payments are issued, but the suspension date and paid to date are usually different.

For example, Mr Smith has his HB paid direct ot this landlords, a hsg association
Payments are made 4 weeks in arrears.

Letter sent to Mr S asking for various bits of info on 1 August
PAyment sent to landlord on 22 Aug covering period 25 July - 21 August

No reply received from Mr S on 3 September so claim suspended and letter issued advising of such and giving a further month to provide the info,

5 October, so reply received, claim terminated from 22 August, so no further payments are made.

25 August 2022, 02:37 pm #2

Tameside MBC Welfare Rights
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Mental Health WR & Debt Advice Service, Tameside MBC

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Thanks Prisca and following your case example I think the HB has now been suspended correctly which isn’t good news for my client as I was hoping to get the whole decision then looked at again.

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