DHP Appeal rights

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  • #19560
    Tinab
    Participant

    We have a case where the claimant has been turned down for DHP and an independant review confirmed this decision.

    The claimant wants to know of any further appeals rights.
    We think that if the claimant wishes to appeal to TAS in respect of the Rent Officer decision this will be treated as out of jurisdiction.
    However, in the interests of natural justice will judicial review apply ?
    If so what action would you suggest we take next?!
    Thanks.

    #172
    AlecS
    Participant

    The guidance provided by the DWP states that

    “Disputes

    32. If independent tribunals were to be empowered to deal with DHP appeals, to require them to have regard to the cash limit and other financial considerations would fetter their powers to an unacceptable extent. However, local authorities may review DHP decisions in the event of disputes. Of course, the route of judicial review is also available.

    33. Local authorities are able to look at a decision again in the light of
    representations made by the claimant (in whatever form the authority decides) or whenever you consider it appropriate for whatever reason. The legislation does not specify these circumstances in any more detail, so there is considerable flexibility in this area.

    34. Local authorities may decide who in the authority may look at a decision again. We suggest that it would be good practice to involve an officer other than the one who made the original decision, or possibly a more senior officer. Outcomes must be notified in writing, with reasons, as soon as is reasonably practical.”

    Any appeal you receive from the claimant regarding DHP should be treated as out of jurisdiction and struck out by TAS. The claimant can therefore either:-

    1) seek judicial review; or
    2) seek an “internal review” from the local authority

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