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Top Disability related benefits topic #7675

Subject: "Domicilliary Hearings" First topic | Last topic
Jro1
                              

Welfare benefits officer, Sanctuary Housing association
Member since
02nd Jan 2008

Domicilliary Hearings
Tue 04-May-10 03:31 PM

Hi

I have just received the TAS 1 form for an appeal I am repping on behalf of my client against an HB/CTB decision.

My client is very disabled, following a stroke some years ago. She is reliant on carers to get her out of bed, she sits in a chair all day, cannot speak or at least is extremely difficult to understand and has only been out of the house in the last few years by ambulance to hospital appts.

I am arguing a refusal by the LA to remove non deps decs from the date she was awarded DLA care and instead only from the date they were advised. They argue that her carer (her daugher in law) should have notified them.

I would like to argue for a domicilliary hearing on the basis that she couldnt possibly go to the Tribunal venue, 20 miles away. I am getting a letter from the GP to support.

Does anyone have any experience of how easy these are to get and any tactics I might find handy?

Thanks

  

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Replies to this topic
RE: Domicilliary Hearings, derbyadvic, 04th May 2010, #1
RE: Domicilliary Hearings, Jro1, 05th May 2010, #2
      RE: Domicilliary Hearings, ruthch, 05th May 2010, #3
           RE: Domicilliary Hearings, stevegale, 06th May 2010, #4
                RE: Domicilliary Hearings, Jro1, 06th May 2010, #5
                     RE: Domicilliary Hearings, Jro1, 27th May 2010, #6

derbyadvic
                              

Welfare Rights Officer, Derby Advice
Member since
23rd Jul 2008

RE: Domicilliary Hearings
Tue 04-May-10 04:00 PM

Why do want her present at the hearing- her health difficulties and their effects seem to be well established eg attendance at hospital via ambulance?

T..J.Lintern

  

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Jro1
                              

Welfare benefits officer, Sanctuary Housing association
Member since
02nd Jan 2008

RE: Domicilliary Hearings
Wed 05-May-10 08:00 AM

Surely she has more chance of success that way that if we go for a paper hearing?

  

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ruthch
                              

Senior Welfare Rights Officer, Tameside MBC
Member since
10th Feb 2005

RE: Domicilliary Hearings
Wed 05-May-10 10:43 AM

In my experience, domicilliary hearings are very difficult to get, but ask anyway as you never know. However, in this case, a good written submission backed up with medical evidence might be enough - I would do this and attend the hearing in the absence of the appellant.

Is the daughter her appointee for benefit purposes, or does she have power of attorney? If not, the LA is wrong in their approach - they cannot impose any duty to initiate claims or report changes on anyone but the claimant or a person officially appointed to act on her behalf. CH/3817/2004 should help you with your submission.

  

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stevegale
                              

Co-ordinator, Disability Information Service (Torbay)
Member since
03rd Feb 2004

RE: Domicilliary Hearings
Thu 06-May-10 10:41 AM

Round here the TS will sometimes arrange a hearing at a suitable local venue in exceptional circumstances, e.g. GP surgery. I think they have a list of suitable venues as opposed to dom hearings. We have known dom hearings to take place, but they are not too keen as there are a number of factors to be addressed, risk assessment, suitability of rooms, etc. etc.

In my experince asking for a local venue/dom hearings adds many weeks extra waiting time.

  

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Jro1
                              

Welfare benefits officer, Sanctuary Housing association
Member since
02nd Jan 2008

RE: Domicilliary Hearings
Thu 06-May-10 01:23 PM

Thanks for all your replies. I think i shall send the TAS 1 form off with a letter explaining her difficulties and asking for a dom hearing and if they dont want to do that explaining that i would like an oral hearing but that i shall attend on behalf of my client.

Also thanks so much for that case ref, very interesting read and I think this supports my argument very well.

  

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Jro1
                              

Welfare benefits officer, Sanctuary Housing association
Member since
02nd Jan 2008

RE: Domicilliary Hearings
Thu 27-May-10 11:24 AM

Thanks again for all your replies. I thought I would just let you know that a hearing in her home has been granted. I was very surprised when i got the letter so i hope now it doesnt take too long for a date to be set!

  

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