Appeal against non payment of HB to landlord

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  • #34376
    AH
    Participant

    Has anyone sent an appeal to the Tribunal Service where the landlord or tenant has appealled against your decision not to pay the llord direct under the “vulnerable” policy? If so did the chairman only consider that you had made your decision in line with your authority’s policy or did they look at the evidence to decide for themselves whether the claimant should be classed as vulnerable?
    thank you

    #96588
    AH
    Participant

    Any takers? any advice appreciated !!

    #96589
    Anonymous
    Guest

    OK then, I’ll try. No cases to cite, but I can say that the Tribunal should reach its own view about the correct payment arrangements based purely on the legislation and the evidence it hears about the facts.

    The Tribunal will not:

    – consider itself bound by the Council’s policy; or
    – uphold the Council’s decision simply because the policy was followed correctly; or
    – overturn the Council’s decision purely because for some reason the policy was not followed.

    The Tribunal might find the Council’s policy instructive as a starting point for understanding some of the issues that influence decisions under the Regulations … but ultimately the Tribunal will apply the Regulations as it thinks appropriate.

    If you are going to attach your policy to the submission, this should be by way of “in addition to the legislation, we thought you might like to read this helpful document that we use when we make these decisions”. Treat your own policy in very much the same way as DWP Circulars/guidance extracts in other words. The Tribunal’s primary source material is going to be HB Reg 96 and the factual evidence.

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