Decision notices

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    Posts
  • #278981
    graeme
    Participant

    Hi, our temporary accommodation team has asked that we stop sending them HB decision notices as they don’t look at them. Is that allowed at all?

    #278984
    pbirks
    Participant

    no! you have a duty to notify customers/landlords of the decisions you are making.
    You will struggle to recover any overpayments if the decision notices havent been sent

    #278988
    churdle
    Participant

    I think these cover it.
    reg 90 HBR 2006 – notification is to be made to a person affected.

    reg 3(d) & (e) of The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

    reg 2(1) HBR 2006 ‘“person affected” – shall be construed in accordance with regulation 3 of the Decisions and Appeals Regulations’

    #278989
    graeme
    Participant

    Thanks for the responses. Those regs clearly demonstrate that they’re a person affected and the should be notified of decisions.
    We’re a unitary LA and actually sit next to the credit control function of the TA team. We’ve never had an issue with recovering OPs from them if appropriate, but I wonder if they weren’t issued a decision notice could that damage the ability to recover from the claimant?

    #278991
    Peter Barker
    Keymaster

    If these are cases where liability is to the Council, the TA team are not a person affected, it’s a rent rebate!

    #278995
    graeme
    Participant

    Ahh, so I think some will be and others won’t. So if the liability is to the council even where it’s non-HRA they don’t need to be notified?

    #278996
    Peter Barker
    Keymaster

    No, you don’t need to notify yourself of something you have done yourself. The Council is a single corporate entity. In a HALS case the HA is the person affected when you pay HB to them

    #279007
    graeme
    Participant

    Thanks very much Peter.

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