In my view, HBRs 83(1)&(2) inherently include the right of a claimant to insist on claiming on a “hard” form. If a LA “insisted” it would only allow me to claim via the internet, I would be very surprised if such an approach was supported by a Tribunal.
Also, as you indicate, there are obvious practical difficulties. What about those without access to the internet? I can’t see it being acceptable to insist claimants go to an internet cafe to claim. That incurs a cost and HBR 83(2) makes it clear forms must be provided free of charge. Further, nothing in HB/CTB legislation allows a LA to insist prospective claimants “must” attend the LA’s office(s) in order to claim (although one or two have tried precisely this approach – entirely unlawfully) so it cannot be argued that the LA has the web-based facilities at its own premises.
This sounds like yet another example of LAs looking to put administrative expedience above assisting claimants.
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