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Break in entitlement

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3 years 5 months ago #252638 by avril
Replied by avril on topic Break in entitlement
I had also found this on the Protecting benefit rates at the point of change: IB reassessment
Customer has the value of the transitional addition reinstated

Where transitional addition is re-instated on a repeat claim, or following an appeal, or where the “special rule “ around partner’s full time work applies, the value of the transitional addition must be adjusted , where appropriate, to reflect any reductions in the amount that would have been made had there been no break in the award.

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3 years 5 months ago #252641 by Gordon
Replied by Gordon on topic Break in entitlement
avril

This would only apply if you can show that there has been no break and I'm not sure that you can do this. If you win the argument that I mentioned when doing an MR then this is already implied, if you don't then it is not relevant.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 5 months ago #252642 by avril
Replied by avril on topic Break in entitlement
Is there anyway that you could take a look at the decision they sent me maybe by email

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3 years 5 months ago #252643 by Gordon
Replied by Gordon on topic Break in entitlement
avril

No there is no way for you to send us this info.

Your original post on this was sufficiently explanatory, they are saying that the two claims are not linked which may well be correct, you need to argue that if they are using the same NICs to make the award, which they are, then this is not two claims but one. This argument may not work but it seems to be the only one that you can make.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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