Terms & Conditions

[jowalraven]

We’ve have recently had a run of cases where the claimants have argued that they need an extra bedroom on health grounds etc. We have usually advised them that there is nothing we can do as there is no discretion in the size criteria. Does anyone know if this is appealable or is it considered out of jurisdiction?

[Anonymous]

You’re right, this would be out of jurisdiction because its a Rent Officer’s decision. I would usually consider this sort of case for a DHP if the circumtances were pressing enough, though I’d point out that a DHP is not a long term solution…..

[Ozzies Mate]

Agree with Ann, we do the same in terms of offering DHP claim to assist in initial period

[Anonymous]

As a point of interest I believe that CPAG are currently looking for a test case to challenge RODs where the claimant is arguing that they need an extra room on health grounds – see here and follow the welfare rights links

http://www.cpag.org.uk

I agree that as the law currently stands there is no right of appeal against a ROD (see the schedule to the DAR 2001 where non-appealable decisions are set out). Although if someone does appeal you would still need to refer the case to TAS as OOJ.

[Anonymous]

As a point of interest I believe that CPAG are currently looking for a test case to challenge RODs where the claimant is arguing that they need an extra room on health grounds – see here and follow the welfare rights links

http://www.cpag.org.uk

I agree that as the law currently stands there is no right of appeal against a ROD (see the schedule to the DAR 2001 where non-appealable decisions are set out). Although if someone does appeal you would still need to refer the case to TAS as OOJ.

[jowalraven]

Thanks for the advice. I did think that it would be OOJ but then I started to doubt myself!

🙄

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