Repayment of Suspended Benefits

NWA

Hi, a friend of mine has been under investigation by the Benefit Agency and Child tax Credits. Malicious reports were made that she was still living with her ex partner and doing work for cash in hand. These claims have never been proven or justified, in the meantime (three months) she has received nothing and has been living and keeping two young children purely with the help of friends and family (myself included). She has now been told that the investigation has concluded and that nothing has been found to prove she was claiming wrongly. She has been informed that her entitlements will be reinstated but it will be classed as a fresh claim and that she is not entitled to repayment of the miising three months she was genuinely eligible for!!!

Is anyone familiar with the law in this case, I have checked Govdirect about false claims but it only tells you about what will happen if your claim is false,

Any help would be greatly appreciated.

rogerblack

First thing to do is to ring them, and ask for a written statement of reasons for the decision to suspend her benefit, and for the decision not to pay it as a continuation of the new claim.
Has she had any written notification of the change?
Changes only take legal effect when the claimant is informed of them in writing generally.
(though this can be held to be that the letter was posted, and it should have gotten to them in the normal course of the post)
If the benefit is just suspended - it's just that. It can be reinstated at any time usually.

pauletruth

that would be unjust. if there was no evidence then she is innocent and should not be punished. further to stop all money to someone with children before they have found evidence seems very harse. are you sure that your friend has told you the full story.