Appeal Submission

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  • #39617
    wintlejb
    Participant

    Can you help please.

    Our claimant appealed against a decision made in May 2010 relating to an award based on a RO Decision.

    The claimant lost his appeal at FtT but this was not decided until June 2011.

    In the meantime, we made a new decision in May 2011 based on the anniversary RO decision and the claimant has appealed again on exactly the same basis.

    Am I able to make any reference to the Tribunal’s earlier decision during the new proceedings as they are separate decisions but based on the same facts?

    I referred the new appeal to the Tribunal Service before receiving the original decision so could not include that in the new submission in any case.

    Thanks

    #112780
    Kevin D
    Participant

    New decision for different period = new appeal rights.

    By all means refer to the original decision but it’s not binding.

    #112878
    wintlejb
    Participant

    Thanks for that – I’ll let the Tribunal know about the previous proceedings.

    Since my post I’ve had notification that he has been refused leave to appeal to the Upper Tribunal against the May 2010 decision.

    I have a feeling this is going to rear it’s head on every RO anniversary.

    #112880
    Anonymous
    Guest

    What are his grounds for the appeal?

    If he’s just saying “it’s not enough” you could probably get away with a very short submission and a request for a strike out.

    If he’s appealing on the basis that he wants an extra room you might need to go into more detail but you could pretty much re-use the previous year’s submission, just change the dates.

    #112882
    Anonymous
    Guest

    Wait a minute, there’s no right of appeal against an RO decision:

    Schedule 7, paragraph 6 of the CSPSSA 2000

    6.-
    (1) Subject to sub-paragraph (2), this paragraph applies to any relevant decision…

    (2) This paragraph does not apply to–
    (c) so much of any decision of a relevant authority as 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);

    (3) In the case of a decision to which this paragraph applies, any person affected by the decision shall have a right to appeal to [1the First-tier Tribunal].

    #112911
    wintlejb
    Participant

    The appeal is against our interpretaion of the regulations and the calculation of the maximum rent.

    We are paying based on the local reference rent but he is arguing that Paragraphs 8(1) to (3) of the HB and CTB (Consequential Provisions) Regulations 2006 that disapply Regulation 13 of the HB regs apply to him despite the fact that he has not been continuously entitled to and in receipt of HB.

    The appellant if a former barrister and refuses to accept our decision or that of the Tribunal.

    #112924
    Kevin D
    Participant

    The trouble with “no-hope” cases is that every now and again a UTD or Court of Appeal judgement appears completely realigning everyones understanding of something that was previously thought to be settled. But, on the basis that it really is a “no hope” case, you could try asking the FtT to strike out the appeal under Rule 8(3)(c ). In my view, this provision should be used sparingly as it is open to abuse (for example, the DWP are trying to usurp ESA appeals by increasingly asking for strike outs under this provision). But, with the previous FtTD in hand, it may well be a reasonable approach on the facts of this case. I’d probably be more cautious if the clmt seeks leave to appeal to the UT directly (I’m assuming the refusal of leave was by the FtT rather than the UT?).

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