An old chestnut - Housing Benefit and Council Tax Recons/Appeals

See CSHC/729/2003: http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=1324

As a general rule there is no reason why an LA-employed welf should not be an impartial rep.

See also CH/2548/2008: where the possible outcome of a “tripartite” overpayment appeal could be to shift liability for repayment from landlord to tenant or vice versa, it’s perhaps a good idea if the claimant is not represented by the landlord who is also a party to the appeal in its own right as there might be at least the appearance of conflict.  It is impossible to achieve exactly that set of facts where the rep works for the Council rather than an HA, because a Council is never the person liable to repay an HB overpayment.  But you can see how there might be a perceived conflict in the case of CTR where the outcome of the appeal determines whether the Council grants a reduction out of its own funds (there is no direct CTR subsidy variable according to expenditure), or the claimant pays from his/her own income.  If you follow the first case referred to above, it should be sufficient for the rep to explain the situation to the client and give them the option of finding alternative representation ... but the second case reminds us that there is a problem when the outcome of the appeal means success by the appellant is financially detrimental to the party employing the rep