Can I have any advice / opinions on this appeal as I think our argument is a bit flimsy.
The claimant has learning and physical disabilities and his father has a court protection order for him. The property is 60% shared ownership with a housing association.
HB assessed in Aug 05 using core rent.
Jan 06 Landlord writes to advise us that the service charges (under the headings of : Management, Day to Day repairs, Gas Servicing, Cyclical Maintenance, Major Repairs Fund and Building Insurance) are all eligible for HB.
Feb 06 Landlord writes again quoting the Guidance Manual and further information shows Gas Servicing to be ‘ a charge levied to pay for servicing of appliances’.
Feb 06 HB revised to include all service charges except Gas Servicing.
March 06 Father appeals against this decision quoting Commissioner Decision CIS 1460 / 1995 as stating
“ in deciding whether a service was related to the provision of adequate accommodation some account has to be taken of a claimant’s individual needs. You cannot disallow a service simply because a fit person would not need it.”
I’ve read the document but can’t find this quote anywhere. When the decision was reconsidered the view was taken that Gas Servicing was a day – to – day expense and therefore not eligible.
In preapring the submission I’m using Reg 10(3) HBGen Regs 1987 and Schedule 1 Part II (4) and (7).
I’m also not happy because the Housing Association openly seems to advertise the fact that all Service Charges will be paid for by the Local Authority. The landlord also said that other LA’s paid the services charges but speaking with the only LA in our area with this HA’s properties they didn’t have this element of the service charge within the rent.
What do you think? Thanks
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