Appeals fast track DHP to prevent homelessness

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  • #19627
    billpear
    Participant

    Repossession due December earliest fast track tribunal Jan 2009, appeal 50/50 chance depends on Judge on the day, if appellant successful revised award will pay off arears due and prevent homelessness. Homelessness therefore could be created by Local Authority and Tribunal delays if appelant successful. Enough money in current budget to make award (Sep 2007-May 2008 up to full rent liability £700) in lieu of potential entitlement, which may be fully recovered if offset agreement made in advance on grounds that if appeal successful full HB award made o/p of DHP created recovered from it.
    Even If our decision upheld there was and is still hardship, comments please

    #407
    jmembery
    Participant

    If the Appeal succeeds, on what basis do you think you can fully recover the DHP?

    Has the claimant misrepresented a material fact or has an error been made when determining the DHP.

    If neither then you can’t recover any DHP paid.

    (2) Without prejudice to the generality of paragraph (1) above, a relevant authority may, on any such review, cancel the making of further such payments and recover a payment already made where that authority has determined that –
    (a) whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, a material fact and, as a consequence of that misrepresentation or failure to disclose, a payment has been made; or
    (b) an error has been made when determining the application for a payment, and as a consequence of that error, a payment had been made which would not have been made but for that error.

    #408
    billpear
    Participant

    Sticky grounds I admit however if there are no other major stumbling blocks with such things as backdating, the way that I see it is that the proposal is explained to the claiman in full and if they agree they sign a statement to agree to the ptential offset, not legally binding within HB Regs more dependant on contract law.

    #409
    jmembery
    Participant

    I suspect that, as long as you get the claimant’s agreement, no one is likely to challenge you on this.

    Just as an aside, DHPs are not covered by the HB Regs at all and are not part of HB.

    They are covered by the Discretionary Financial Assistance Regs 2001.

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