Hello

Does anyone know if I can request interim payments/payment on account whilst awaiting a decision for a redetermination of Housing Benefit? It's been nearly a month now, and no decision made since requesting re-determination

A payment on account can only be requested in respect of a new claim for Rent Allowance (or LHA).

As you are talking about a redetermination it sounds as if a decision has already been made on your client's claim all be it one you do not agree with, so it does not sound like a payment on account (there is no such thing as an interim payment) would not be appropriate.

I assume the LA are either paying on the origional RO decision or have found your client to be not entitled based on the origional RO decision.

Thank you.

We are in dispute about the original decision not to award LHA, as I believe they assessed on the high income of the client. The client in fact has no income apart from child tax credit/child benefit. Recently in receipt of JSA. The client had a one off payment of £400 from employment months before. (this was shown in bank statements) but counted this as a weekly income.

I have disputed this and client has provided proof. That is why I was asking for a redeterimination, based on income.

Thanks for your advice

Sorry, I thought you were talking about a redetermination which is a a procedure that relates to a rent officer decision.

I'm afraid that whilst you are waiting for the outcome of a reconsideration there is no provision for a payment on account to be made. Until the result of the reconsideration is decided the origional decision stands.

The only remedy I am aware of for unreasonable delays in undertaking a reconsideration is Ombudsman or judicial review.

Thanks very much for your help.

I may well take that step if I don't get a response in the next few days, as I seem to have tried everything else!

Thank you very much.

If the "redetermination" request is an appeal (distinguished from a request for revision) and the LA don't forward the case for a Tribunal hearing, there is nothing to stop you sending a copy of the appeal to TTS. At the same time, a polite request should be made asking that a Direction is issued requiring the LA to produce a response (used to be "submission").

There is precedent for bypassing the LA in the appeals process where the LA has not acted reasonably - see R(H) 1/07 (para 34).

Thanks very much.

That gives me a few options to be getting on with.