LHA appeals

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  • #33943
    Anonymous
    Guest

    Hi, if a customer decides to appeal against the level of the LHA, can we ask for a redet? And if the customer is still not happy, would we do as we do now – ie, send it to TS and it would be struck out because it is out of their jurisdiction? I know we can always go down the DHP route (if we have any money left!) Hope this is not too much of a daft question! 😳 Thanks Therese

    #94577
    AH
    Participant

    There is no right of appeal against the level of LHA.

    #94578
    Anonymous
    Guest

    That is what we understood, however, reading the draft regs today, it mentions redets in there so that would perhaps suggest that there maybe? As there are no appeal rights now over the Rent Officer decision, we still have to send them to TS and they just get struck out so I thought maybe this would be the same?? Could you elaborate a little more please? Thanks very much. Therese

    #94579
    peterdelamothe
    Keymaster

    There is still the right of redet for existing cases that fall under current HB rules – they move on to the new LHA regs but as the latter include all the current protections there is no practical difference for existing claimants.

    LHA is not property specific – it is area specific. If there was a right of redetermination and it was successful, every claim in this area in that band would have to be amended. Not a great thought! So the only avenue to challenge is judicial review.

    #94580
    Anonymous
    Guest

    Thanks for your reply – of course area level instead of property makes it impossible as you say. Therese

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