Terms & Conditions

[Anonymous]

A colleague has in the back of her mind that, from April 06, claimants now have the right of appeal against RO decisions and DHP’s.

I don’t remember this but it is Friday 😀

Ideas anyone?

[seanosul]

Claimants have always had a right to request a revaluation of a Rent Service decision (as such an appeal) and with regard to DHPs your procedures should take incoporate some form of appeal process to ensure compliance with human rights legislation.

Shelter are campaigning for a formal right of appeal with regard to Rent Service decisions.

[Anonymous]

Thanks – I should have been more precise as I meant formal appeal rights to TAS etc.

If Shelter are successful how on earth are LA’s going to write submissions? 😯 Surely the RO would be needed at the hearing?

[Kevin D]

No idea about DHPs.

But, unless there has been a change snuck through, there is no right of appeal (through TAS) about a Rent Officer Decision. [b:7c4925de8c]Sch 7, para 6(2)(c) of the CSPSSA 2000[/b:7c4925de8c] applies. Any appeal (to TAS) should be referred as OOJ.

In some ways, I’m hoping Shelter are successful. At the vast majority of LAs I’ve worked at, the ROD bears little resemblence to rents generally being charged.

On the plus side, I can’t see how it would fall on LAs to compile the submissions – surely it would the RO? Unless the DWP have another brainwave about LAs taking on those duties too….. In effect, the ROs could find themselves in a broadly similar situation to that of LAs in terms of “old” HBR 11 rent comparisons (i.e. as at 1 Jan 1996).

Regards

[Author]

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