LHA Appeal

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  • #34640
    John Boxall
    Participant

    I have an appeal, it’s a bit vague but basically about the amount awarded under LHA. Claimant is on IS so as far as I can see the only issue is the level of ‘eligible rent’

    1. Am I correct in saying that Paragraph 6 (2) (c) of Schedule 7 to The Child Support, Pensions and Social Security Act 2000 still covers this – ie it’s not an appealable decision.

    2. Do I still need to do an Out of Jurisdiction submission & send it to TTS or can I just tell them that they are OOJ

    Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

    Wilkins Micawber, Ch12 David Copperfield

    #97388
    Anonymous
    Guest

    LHA is still a Rent Officer function so on the face of it yes it still applies. But I think it depends why they are dissatisfied with the eligible rent.

    Para 6(2)(c), and indeed para 6(2) generally, is concerned with matters that are out of the hands of the person making the decision. I like to sum it up as “Rent Officer output”. The usual reason why people dispute their eligible rent in an LHA case is to do with size criteria, which is not something the Rent Officer has any say over so para 6(2)(c) would not cover it.

    Para 6(2)(d) might cover it though, if the size criteria and attendant LHA amount are included in the term “rate of benefit”.

    But then again, if the claimant is arguing that the Council has interpreted the size criteria wrongly, perhaps because it has failed to apply a Human Rights-compliant interpretation, that would be very much in jurisdiction. It might then be a case to strike out under Rule 8 as standing no reasonable prospect of success.

    What exactly is the claimant’s beef in this case?

    #97389
    John Boxall
    Participant

    Peter,

    Thank you. I think that a letter to the claimant is needed, her current beef is just that we are not paying enough, and as a lone parent on IS it’s only the level of eligible rent that can be at issue – and if so what does she thinks wrong.

    Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

    Wilkins Micawber, Ch12 David Copperfield

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