Appeal against a LHA decision

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  • #43524
    John Boxall
    Participant

    I have an appeal against a LHA decision.

    The claimant had a rent increase shortly after her anniversary date, so we are continuing with the old rate.

    I am assuming that LHA decisions are not appealable as

    Paragraph 6 (2) (c) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 provides that a person affected by a decision which adopts a decision of a rent officer under any order made by virtue of section 122 of the Housing Act 1996 (decisions of rent officers for the purposes of housing benefit), shall not have a right to appeal to an appeal tribunal in respect of that decision.

     But would I be correct in saying that decisions about what LHA rate we used are appealable?

     

     

     

    Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

    Wilkins Micawber, Ch12 David Copperfield

    #123530
    Chris Robbins
    Participant

    Spot on John.

    #123555
    peterdelamothe
    Keymaster

    Yes there must be. The LA may have used the wrong figures or got the bedroom rate wrong or the wrong anniversary date or perhaps not applied a transitional protection.

    #123557
    Anonymous
    Guest

    I agree – if you look at the full list of matters excluded under para 6(2) what they all have in common is that they are matters over which the Council or, in the case of war pension policy, the individual decision maker has no control. There would be no point appealing because the Tribunal cannot change it.

    I read the reference to RO determinations as meaning that there is no right of appeal against Rent Officer output: the amount of CRR/LRR, the LHA rate for a particular size of accommodation, the BRMA boundaries; but there is a right of appeal against anything the LA is required to determine and is capable of getting wrong, like the appropriate size of dwelling, the date from which to apply the determination, protection on death etc

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