Hi Chez,
You think right – but you will need to compile a “mini-submission” stating that the appeal is [b:a0f6d88ffb]out of jurisdiction[/b:a0f6d88ffb] on the basis that the grounds of appeal are effectively in respect of matters against which no appeal can lie.
If you haven’t done already, double check with the claimant whether or not she disagrees with the income calc. Assuming there is no disagreement, then go ahead as an out of jurisdiction.
In the mini-submission, state that the income calculation is not in dispute. The only matters that remain in question are:
a) the disregards applied to income (and/or capital), and/or
b) the rates of Applicable Amounts, and/or
c) the Maximum Rent set by the Rent Officer
Explain how you assessed the income and how you applied any disregards. Then “No other disregard could lawfully be applied to her income, either in respect of her listed outgoings or otherwise.” In Section 6 of the submission, quote the regs under which you have assessed the clmt’s income.
Argue that this means the appeal is effectively against the rates of benefit – paragraphs 6(2)(c) and 6(2)(d) [Sch 7; Child Support, Pensions and Social Security Act 2000] respectively provide that there shall be no right of appeal to an appeal tribunal against:
– the LA’s adoption of a Rent Officer’s decision, or
– the rate(s) of benefit provided for by law
Regards
.
