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Claim for overpayment


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I will be attending a tribunal on behalf of my other half, who is not my partner. It is about a period last year when she was not working, she made a claim for Job seekers allowance which they claimed was late and to be fair it was. The reason she was late in applying was she was trying so hard to find a job. She was led to believe that any claim she may make in turn for housing/council tax benefit would likely not be successful if she was not in receipt of Job seekers allowance I had since found out that is not correct. This was misleading and led to any application for housing/council tax beneit put on hold pending payment to her of the Job seekers allowance being awarded. Because her application for said JSA was late, it was not awarded so a new application went and surprise surprise that was not awarded either. I have too much paper work on it but what I have just said is the crux of the matter. In the mean time all this has cause an overpayment which a DCA are attemting to collect on behalf of the council and are now threathing legal action. Its getting to much. Can any one please advise how to deal with this..

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How do you mean, the claim was "late"? There is no prescribed time limit between becoming unemployed and claiming JSA.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

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How do you mean, the claim was "late"? There is no prescribed time limit between becoming unemployed and claiming JSA.

 

 

Oh I see, well what they are saying is she had not satisfied the labour market conditions for Job seekers allowance for the period she claimed late. They also said that she had not show good cause for the delay in making the claim for Job seekers allowance..

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I see...she is trying to have her claim backdated. For this to happen, the labour market conditions need to be satisfied and she needs to have "good cause" for not claiming at an earlier date. "Looking for work" would not be considered good cause for not claiming earlier, simply because people are expected to seek work whilst claiming JSA as a condition of claim, so the argument that doing something which she would be expected to as part of her claim (seeking work) is what prevented her from claiming, is not justifiable.

 

The only circumstances in which benefit can be backdated are defined within regulation 19 of the Claims and Payments regulations 1987, which you can find here: The Social Security (Claims and Payments) Regulations 1987

 

The labour market conditions are outlined in S1 (2) of the Jobseekers Allowance Act 1995, which can be found here: Jobseekers Act 1995 (c. 18)

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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I see...she is trying to have her claim backdated. For this to happen, the labour market conditions need to be satisfied and she needs to have "good cause" for not claiming at an earlier date. "Looking for work" would not be considered good cause for not claiming earlier, simply because people are expected to seek work whilst claiming JSA as a condition of claim, so the argument that doing something which she would be expected to as part of her claim (seeking work) is what prevented her from claiming, is not justifiable.

 

The only circumstances in which benefit can be backdated are defined within regulation 19 of the Claims and Payments regulations 1987, which you can find here: The Social Security (Claims and Payments) Regulations 1987

 

The labour market conditions are outlined in S1 (2) of the Jobseekers Allowance Act 1995, which can be found here: Jobseekers Act 1995 (c. 18)

 

 

 

I understand what your saying about the JSA. I hope she still gets her housing and council tax paid for the period but they are saying that was dependant on her receiving JSA.

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When you say "they were saying the HB/CTB was dependent on her receiving JSA", who do you mean, the DWP or the Council? And when you say "tribunal" what decision is it you are appealing, the JSA one?

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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When you say "they were saying the HB/CTB was dependent on her receiving JSA", who do you mean, the DWP or the Council? And when you say "tribunal" what decision is it you are appealing, the JSA one?

 

 

 

The council were strongly impling that Housing/council tax benefit would only be paid for the same period that JSA was paid but I had since found out that you can apply for housing/council tax benefit even if not in receipt of JSA. Am appealing on behalf of OH on those grounds. The other issue is when OH went to start her claim for JSA she was told that her claim for housing/council tax benefit would be sorted out automatic as a result of this claim for JSA.. It sounded very misleading in my opinion..

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Correct me if I'm wrong here, but I thought this had already been appealed and she lost. Is she appealing to the commisioner?

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Correct me if I'm wrong here, but I thought this had already been appealed and she lost. Is she appealing to the commisioner?

 

 

 

 

She appealed once about not being awarded JSA. This one is about not being awarded housing /council tax benefit..

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