I have a client who has several appeals ongoing.

He appealed against a HB decision, the council took 1 1/2 years to get the case to tribunal.

About one month before the hearing his WTC decreased. At the tribunal it was decided that he was not entitled to HB for the period in question because of his income. However the drop in WTC meant that he was now entitled.

He had requested new HB forms just before hearing, and he completed and returned them after the hearing. He asked for HB to be backdated. Backdating has been refused.

It looks like he has been in receipt of HB for several years previously - council therefore say he knows the system. He says he doesn't understand it.

It also looks like a council official gave him advice that he should pay his rent whilst appeal ongoing to avoid arrears, but didn't tell him to make a new claim if his circumstances changed. Note in papers just says something on the lines of ...." I've spoken to **** and he says that the conversation wasn't relevant" - this note would have been at least two years after the conversation.

Any mileage in the delay in the previous appeal being good cause for backdating - a long shot I know. Otherwise its a weak case based on the client says that the official said such and such, and the official saying no I didn't.

Any pointers etc welcome

Have you actually got evidence of this conversation from the LA? "Evidence" is pretty widely construed but it certainly doesn't include and unattributed and unsigned statment of what someone else told an anonymous submission writer! After all, the client was there and the only other person who was doesn't appear to be giving evidence so you could at least argue that your client's evidence of the conversation beats the Council's hands down for cogency, unless the other party either puts something in writing and signs it or turns up at any appeal to give oral evidence!