DHP APPEAL

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  • #19645
    clamar
    Participant

    It’s dumb question time. A claimant insists that an appeal against a refusal to award a DHP goes to the Tribunal. She’s been told there’s no right of appeal to a Tribunal but insists it’s submitted anyway. Is it OOJ because it’s outside Sch 7, para 6 of CSPSSA or is there some other piece of legislation?

    #447
    Anonymous
    Guest

    It’s not appealable to the Tribunal because it isn’t housing benefit! When the DHP scheme was introduced appeal rights were removed on the grounds that a Tribunal could not interfere with the exercise of an authority’s discretion. The clt’s only remedy is judicial review.

    #448
    Andreas
    Participant

    As Chris says, DHP decisions are not appealable and we advise claimants of this when notifying our decision.

    However we also advise them that a ‘panel’ of managers/heads of service will look at queried DHP decisions again but if the panel uphold the original decision there is no further action we can take.

    The ‘panel’s’ decision is also notified to the claimant.

    #449
    clamar
    Participant

    Thanks. I was just looking for a reason in law to explain how DHPs are beyond the jurisdiction of Tribunals.

    #450
    Kay_Tade
    Participant

    I’m sure you know this but you will still need to refer it to the tribunal clerk so it is officially struck out as out of jurisdiction.

    #451
    clamar
    Participant

    Yes indeed. That’s why I’m trying to work out the best way to write it down.

    #452
    Julian Hobson
    Participant

    I’m questioning whether you would need to send to a tribunal for it to be struck out.

    If like our authority you have decided to have an non statutory right of appeal (senior officers panel) then the inference is that all cases cases where the customer exercises their right to have the case looked at again should also go to tribunal.

    DHP’s don’t need to be administered by the benefits service and decisions should be completely seperate from HB decisions and so DHP decisions might be viewed in the same light as any other decision made by an authority. To take this to its ultimate conclusion if DHP “appeals” need to go to tribunal to be struck out then so would all “appeals” against decisions an LA might make.

    Have I missed something ?

    #453
    clamar
    Participant

    Julian, I don’t know the answer. The claimant seems to think that everything the LA says is a bare faced lie and doesn’t accept that TTS can’t deal with this matter; therefore, I’ve sent it off so that they can tell her.

    #454
    jmembery
    Participant

    It does not have to go to the Tribunal at all.

    It would be like a claimant insisting an appeal on the Council’s decision not to remove a wasp nest be referred to a tribunal, or a refusal to give more than the regulation number of bin liners.

    #455
    Kay_Tade
    Participant

    [quote:5d4daf2bc2=”jmembery”]It would be like a claimant insisting an appeal on the Council’s decision not to remove a wasp nest be referred to a tribunal, or a refusal to give more than the regulation number of bin liners.[/quote:5d4daf2bc2]

    Well, from a legal point of view it is better that any decision an LA makes is seen as transparent rather than translucent. How does the LA defend the decision made if they are not?

    #456
    Kay_Tade
    Participant

    [quote:f5ff904fca=”clamar”]Yes indeed. That’s why I’m trying to work out the best way to write it down.[/quote:f5ff904fca]

    If you decide not to submit to TTS how do you explain to the claimant they have no appeal rights when every other decision you make is subject to a submission, even OOJs?

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