Reply To: Caselaw request please – The ‘Council as a whole’


The general duty is to notify the designated office (not the “designated team”)

There is HB case law as outlined by the previous posts where it was held that the failure to pass information on could amount to official error, ( and disentangles the cause of overapyments from the persons non disclosure to the designated office of the change of circumsances )

There is some social security case law which is very relevant to the duty to dislose and which emphasises this point. The Tribunal of Commissioners held at paragraph 28 of R(SB)15/87

…This can happen, for instance, if an officer in another office of the Department of Health and Social Security or local unemployment benefit office accepts information in circumstances which make it reasonable for the claimant to think the matters disclosed will be passed onto the local office in question. It was in reference to this sort of case that the Commissioner included in paragraph 18 of Decision R(SB) 54/83..

Mr Commissioner (as then was ) Rowland similarly held in R(A)2/06 (at [13])

“..Alternatively, the claimant might understand that information disclosed to the officer making the representation would be passed on to the relevant office where disclosure should ordinarily be made. That is a modification of the general rule as to where disclosure is to be made. Such a modification was accepted in paragraph 28 of R(SB) 15/87 and was not excepted from the general approval of that decision by the House of Lords in Hinchy”

  • This reply was modified 2 months, 3 weeks ago by d-stainsby.