Terms & Conditions

[Anonymous]

Hypothetical situation:

Claimant submits HB application. We decide that the arrangement falls foul of Reg 9 – non commercial.

Claimant then appeals that decision.

Should we then set up payment on account pending appeal?

[petedavies]

Cannot see why, or how, you have made a decision? on a claim, the claim does not exist anymore

[Kevin D]

I agree with Pete.

The wording of HBR 93(1) starts off with:

[quote:25b4150996]Where it is impracticable for the relevant authority to make a decision on a claim…..[/quote:25b4150996]

If a decision has been made, no payment on account can be made.

[markp]

Agree with above.

If appeal goes in claimant’s favour then you would have to consider payment on account, assuming, of course, that you weren’t going to challenge the tribunals’ decision.

If you were to make a payment of any kind and the tribunal subsequently upholds your decision you’d be left with an overpayment which I don’t think you could recover and, in any case, any payment would, in my view, weaken your case to tribunal considerably.

That said, I’ll now be quiet again!!

Do I know what I'm doing? The jury's out on that........................

[Author]

Posts