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Council obligation to offer claim formats to suit customer needs
Council has decided to withdraw all paper applications to HB/CTR. Part of their cuts program.
Without any consultation they are referring people without IT access/skills, to CAB and Age UK.
We have had clients objecting to the idea of disclosing their details to a third party just because the council have failed to provide them with alternative ways to claim.
We have pointed out that we will be unable to meet the demand and the response is the people will have to find alternative ways themselves. We also pointed out we do not have the resources of staff/ volunteers/ laptops to take claims from housebound elderly vulnerable adults. There was a begrudging acceptance they may have to undertake home visits for these people.
Is there any legal requirement on councils to provide access to benefits in formats suitable for their needs?
The Equality Act 2010 says there’s a duty to make reasonable adjustments if you’re placed at a substantial disadvantage because of you disability compared to non-disabled people or people who don’t share your disability.
Only allowing the claiming of benefit on-line would seem to fit this, especially in view of this -
http://www.disabilityrightsuk.org/news/2015/may/disabled-people-less-likely-use-internet
Is referring disabled people to a non statutory agency that says it does not have the resources to cope a ‘reasonable adjustment’.
Will the delay in being readily able to make a claim mean that some disabled people lose out on benefit?
I can’t see that this issue has previously been the subject of a legal judgement under the Equality Act.
I think many Councils encourage on-line claiming while keeping the ability to make a paper claim.
If you have any clients who feel that they have been or will be placed at a disadvantage by the banning of paper claims then if you email me their details I will refer them to our legal partners to see if they can advise on this -
.(JavaScript must be enabled to view this email address)
From HB Reg 83:
83.—(1) Subject to paragraphs (4A) to (4AE), every claim shall be in writing and made on a properly completed form approved for the purpose by the relevant authority or in such written form as the relevant authority may accept as sufficient in the circumstances of any particular case or class of cases having regard to the sufficiency of the written information and evidence.
(2) The forms approved for the purpose of claiming shall be provided free of charge by the relevant authority or such persons as they may authorise or appoint for the purpose.
The Regs allow Councils to accept electronic communications, including e-claims, under a fairly strict set of requirements set out in Reg 83A and Schedule 11, but I don’t see how they can refuse to accept paper claim forms at all, or indeed how they can refuse to provide such forms free of charge. It would be a perverse reading of Regs 83 and 83A to say that the only acceptable format for a written claim is an e-claim - clearly the structure and spirit of the Regs is that you claim on a paper form by default and e-claims offer an additional option.
To start with I would point out Reg 83(2) and ask why the Council does not consider that this requires them to stock paper forms.
Similarly, for CTR (both working-age and pension-age) this is covered by Part 1 of schedule 7 to the Prescibed Requirements regs.
“2. An application may be made—
(a) in writing,
...
3.
(1) An application which is made in writing must be made to the designated office on a properly completed form.(2) The form must be provided free of charge by the authority for the purpose. “
(See http://www.legislation.gov.uk/uksi/2012/2885/schedule/7/made )
Perverse as such a reading might be I suspect it’s nothing to the point in the sense that having solely electronic forms is still well within the range of acceptable interpretations. Let’s not forget that this very much depends on the type of electronic form. A form which cannot be printed off and completed by hand would perhaps fall outside of a reasonable approach whereas one which could be completed online and/or be printed out may well be okay.
That then leads onto the Equality Act 2010 issue as to what constitutes a ‘reasonable adjustment’ and the key to that is that RAs are an individual response. Not only are they an individual response but they are also not one for a Council to determine. It’s for individuals to determine what is a workable RA for them.
Most “one size fits all” responses are likely, but not absolutely certain, to fall well short of being an RA because it’s inevitable that not everybody will be able to take advantage of the facility. The question then is whether a Council will go further and make other adjustments for those people who cannot and whether that responsibility is also delegated out to these other organisations. I can’t see that it can be.
Either way I suspect there’s a lot more to discuss on this than initially meets the eye.
I agree with HB Anorak. I don’t even think that you would need to rely on the Equality Act at all, although it might be useful as a fall back position. I would argue the HB regs (and I agree with HB Anorak’s interpretation) while pointing out that it is unlawful to operate a blanket policy.
Sorry, I should have been clearer. I also suspect it won’t become an Equality Act issue, for many reasons. However, which bit of 83(1) or (2) is being breached?
If the form is printable then I see no issue with “in writing”. I’m not seeing an issue with “free of charge” either sadly. It’s the form which has to be provided free and not necessarily any transport required to complete it. (2) even includes a provision for outsourcing as in “authorise or appoint for the purpose”.
I would hope no authority would be daft enough to designate this as the only acceptable format but provided exceptions are made or reasonable adjustments put in place when requested then I have a feeling this is ultimately the direction of travel.
Printing is not free?
Just for some background reading, when it was decided that UC should be claimed online, there was an equality impact assessment finding that there should be exceptions for disability reasons, i.e. exceptional provision to claim by phone. This seemed to be based in part on this 2010 report on digital access:
You are (as always) right…...
Bad news for the tropical rain forest…......
Printing is not free?
No doubt it isn’t but then who will be bearing the cost? Electronic forms of many sorts already exist across the UK and many claimants either complete them wholly electronically or decide, for a wide variety of reasons, to bear the cost of printing and posting it themselves. How many more people will move to that model if Councils take a wholly electronic stance? Few I suspect. Most will head to their local centre and seek assistance and thus it will indeed be “free”.
The UC point is absolutely relevant but then look at the subsequent experience of how that’s worked in practice.
The specific issue raised at the start of this thread was Torbay Council’s decision to withdraw all paper claims for HB/CTR
As far as I can see it has done this.
This is the link to applying for HB/CTB from Torbay Council -
http://www.torbay.gov.uk/applyingforbenefits.htm
Its only possible to claim by following the link to its on-line “electronic form”.
I’m not sure if there is a facility at the end to print off the web pages you have completed on-line.
But its not possible to download a ‘paper copy’ of the whole claim form as say a pdf and no information as to any alternative way of making a HB/CTB claim.
I do think that there is a potential Equality Act issue here - around a third of disabled adults have never used the internet.
Ken,
There is a section you come across as part of the process which states:
“If you need help to fill in this form
If you have any questions or need help to fill in your application form you can phone us on 01803 207201 or visit any Connections office. If you rent from a Housing Association, they may be able to help you to complete the form.
Alternatively you can save your partly completed form and e-mail any questions to .(JavaScript must be enabled to view this email address).
Under some circumstances it is possible for a visiting officer to help you complete the form at home. If you feel you would qualify for this, please contact us on 01803 207201.”
I suspect that covers a number of circumstances but not the one where you arrive at your local office wanting to make a claim.”
I love their “The answers given on this screen indicate that you do not fall into the non qualifying group and you may qualify for Housing Benefit and/or Council Tax Support, depending on your full circumstances.”.
Plain English lives!!!
Evidence needs to be sent in inside a week too!
Mike: as you said, “It’s the form which has to be provided free”. I’m not sure how a council saying “Here is a link to a form you can download, and then print at your own - or someone else’s - expense” would meet the requirements of the HB reg, i.e. to “provide” a free form. Though I guess the point is moot in this case, if it is a genuinely online application that is submitted without printing off.
(I wonder if a declaration is then posted out for the claimant to sign and return? For anti-fraud measures, if nothing else).
One possibility not mentioned so far: the easiest way to persuade a council to change an unfair/obstructive policy could be a complaint, escalated to the LGO. I’d have thought this sort of problem would fall under their remit (at least, I find it difficult to see the LGO taking the position that there is a clear alternative recourse of pursuing a breach of the HB regs to tribunal.)
Final thought: I wonder if the council would reject an HCTB1? Not that I know where to obtain stocks any more, and I’d not recommend using one, especially to try to claim from a local CTS scheme.
https://www.gov.uk/government/publications/housing-benefit-claim-form