I have a client, who has mental health and literacy issues.. Ive successfully got many HB issues sorted and they have written to me and informed me that they would consider backdating if we can provide income evidence etc.. and good cause..

Looking through some of my cleitns paperwork, I cam across a copy of a letter she sent to them in 2005. You can tell from this there are literacy problems and she states in this that she requires help with forms and with debts etc..

She was referred to me by the rents team January 07/ HB have said they will backdate to March 06 if we can proove good cause..

Seems to me that she has been unfairly treated.. I beleive that she has had a number of change of circs in over the years and the claims here are defunct (?) due to being out of time with requests for info etc..

Also are the HB dept under any obligation to treat a person who requests help with form filling any differently from anyone else.. Should they have provided addional assistance to her..Are there guidelines which cover this.. Could I for any reason ask for the backdate to be more than 52 weeks due to this letter.. and the fact that they have not acted on it...

I know the DWP had a framework document in the early 1990’s that stated that part of the Benefits Agency’s function (as it was then called) was to assist people to complete claim forms. Whether LA’s had guidance around this or not I don’t know.

I have always argued that the DWP/LA are required to provide assistance in this area. This is mainly because public authorities have a common law duty to treat people fairly and to assist people to access services. Thus if someone who has difficulty completing a claim form because of literacy or language difficulties, or physical impairment, or simply because of the complication of the form is disadvantaged without their help, then any failure to help, and to provide an appropriate level of help, may be unlawful.

And that’s before we get to the DDA.

There is a statory maximum of 52 weeks for backdating

"statory"! Whats that then? Statutory.

Have HB made formal decisions denying entitlement on the "defunct" claims?

Check the decison letters to see if they comply with Sch6 of the 1987 Regulations or Sch 9 of the 2006 Regulations.

You may find that no formal decision has been made (and it has to be made see R(H)3/05 and CH/532/2006 You may be able to get the LA to simply re-open the claims if that is the case (See R v Westminster CC ex p Berisha QBD 31 July 1998)

If formal decisions have been made, your client must be properly notified of his appeal rights etc. If the notices are defective the time limits for his appeals have not expired and he can stillappeal now (see CP4479/2000, CH/1129/2004)

You may also be within the 13 months absolute time limit for a late appeal if all else fails

Thanks all.. (again) x