Appeal

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  • #34251
    Julian Hobson
    Participant

    We have an appeal.

    Couple + 4 children

    Getting Benefit as LA tenants at address A, She is HB/CTB claimant, he is I/S recipient.

    Submit PTD for a property belonging to (and occupied) by her mother in Feb 08, Rent £800pcm RO says £375.00.

    Mum moves out of her property.

    Our family move in

    Tenancy commences 31/03/08 rent = £600pcm (£139.46pw)

    Claim submitted 11/04/08 by Mr.

    Treated under old rules (decision is unclear as to whether the DM decided reg 83(5)(b) applied and date of claim was 31/03/2008 OR whether treated as a change of address applying earlier than 07/04/2008. Either way old scheme applies.

    This customer would be entitled to £694.98pcm (£160.38pw) LHA rate and in the case in question would get £671.16pcm (£154.46pw) if an LHA case.

    The “loss” in this case of having benefit paid from the earlier tenancy start date rather than the claim date is the difference between the current award of £375pcm (£86.30pw) or £68.16 per week.

    the appeal is on the basis that we should not have paid them from the tenancy start or advised them to put the claim in later.

    “Tell them to withdraw their claim and start again” I hear you shout but we’ve already done that to death.

    I propose to write up for tribunal and get them to consider possible next steps including withdrawal.

    Also check this CD out
    http://www.osscsc.gov.uk/judgmentfiles/j2438/CPC%203992%202007-00.doc

    If withdrawing and reclaiming is the solution in HB wht isn’t it the solution the the problem identified here?

    #96184
    Anonymous
    Guest

    [quote:1c00cf1cc3]the appeal is on the basis that we should not have paid them from the tenancy start or advised them to put the claim in later. [/quote:1c00cf1cc3]

    The only problem I see with this is that the new claim was not required – this was just a change in address that occured before 07/04/08. You could not defer a change in circs in the same way that you could treat a new claim as made in advance, so I don’t see any way how you could have transferred them to LHA without a claim withdrawal.

    Good point regarding that CD!

    #96185
    Julian Hobson
    Participant

    I take your point on the change of address issue BUT in this case there was a change of claimant.

    My view is that a new claim was made and that the old one came to an end because of the change of claimant notwithstanding it would otherwise have been a change of circs.

    I wish the DM had documented their decision but the one I’ll put to the tribunal is the new claim one, I will also sdet out what would have happened had we treated it as a change of circs.

    #96186
    Anonymous
    Guest

    In that case, maybe they could “switch roles” again, transferring to LHA with no break required…!

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