Section 13a

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  • #45832
    Claire Moses
    Participant

    I have looked at our S13a policy and it states that any appeals will go to our own appeals and licensing committee.  If the appeal is not successful, it will the be judicial review (if appellant wants to take it that far)

    I attended a HBinfo course yesterday and it looks as though appeals for S13a will be done by VTS

    I assuming by this we need to amend our S13a policy?  Has anyone else done the same?

    #129067
    Anonymous
    Guest

    This is my take on it:

    If you have put discretionary reductions in your scheme under s13A(1)(a) the customer has the right to appeal to a VT. If they are under s13A (1) (c) (what used to be called s13A) then this is a discretionary decision by the BA alone and no right to appeal to VT. Peter?

    #129074
    Claire Moses
    Participant

    Thats great thank you – we have included it in the Regs under s13A(1)(c)

    #129078
    peterdelamothe
    Keymaster

    Chris …there is no reason for LA’s to change their internal review process where the person is “aggreived”. The only issue is who has the final say. Whether you are right on the limits of such an appeal, I am not convinced at all….or on the scope of an appeal. VTE will need to decide and then the High Court will need to have a look. Until then, this area is very uncertain. We can speculate but thats all.

    Some of the bills about to go out in the next few days to claimants currently entitled to 100% are simply massiveā€¦..many hundreds of pounds in some areas. My guess (expectation) is that advice agencies will be flooded with worried people clutching demands….. No DHP escape route here.

    #129112
    Julian Hobson
    Participant

    Chris – I agree with your analysis, that is what the Vt have said.

    My view however is that you can’t put 13A(1)(c) in 13A(1)(a) schemes, it is an “as well as” or “instead of” provision.

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