Reply To: Appeal

nick dearnley

I agree with pbirks – until it is notified there has not been a decision made, so the HB for the previous address is still ‘live’ and there has been no appealable decision. You can put that right now by issuing the terminating decision for the previous address, taking account of any changes since if necessary.

However, I don’t think a closed period supersession will help the clmt, as there is a break in rent liabilities of several months while homeless (unless in temporary accommodation for that period of course), so there is no way to retain HB entitlement by a change of circs/address and it has to end when the clmt left the previous property, as far as I can see.

Once that decision is made there will be revision/appeal rights, and you can go from there. I would suggest a thorough explanation of why it must be UC for the new address, at least that way the clmt might understand and might not go to appeal. I would include the usual line of when HB ends it can only restart from a new claim (barring revision of the terminating decision), but new HB claims can only be made for TA, so it must now be UC. The clmt can then appeal that specific part of the decision if they wish.

A word of caution on specifying the appealed decision – the requirement in rule 23 is for “details of the decision being appealed” so as long as you can work out which decision is disputed I don’t think an appeal would be struck out for not identifying which decision it is against. If you’re not sure which decision the clmt disputes, ask.