Ideas please folks on this one !

I have a tenant who started her tenancy in July 2007. The housing officer completed a HB form for her and took it to a one stop shop. Unfortunately he didn't get a receipt and the claim has got lost. The housing officer chased it up twice with emails to HB but has also now deleted these emails and HB have no record of receiving them either.

The client hasnt exactly made any effort to resolve the problem either despite receiving a couple of rent arrears letters

A new claim has been put in and backdate requested. Anyone got any ideas for grounds for backdate ?

Thanks

I would chase the backdate only in the alternative.

In my view, the primary approach should be to require the LA to process the claim it originally received. Assuming the HO is readily agreeing that such a claim was made, it would be difficult for the LA to argue the claim was not made.

The fact that a claim subsequently becomes mislaid is not relevant; all that counts is the fact the claim was made. Obviously, details of income / cap etc may need to be reconfirmed, but that is not the same as making a new claim.

Sorry maybe I've not made myself clear, HB state have no record of original claim and have only paid on new claim from last month. They have written out to client asking for further details to look at backdate.

What i'm thinking of - is the H.O's word good enough as evidence with screen prints from rent account showing claim was submitted to get backdate or do you have any other way of looking at it ?

Cheers

The fact the benefits office don't have a record of a claim does not mean, in itself, that a claim wasn't made. It depends on the evidence available and how credible it is. Assuming that the HO is reliable ands/he is prepared to state what happened, the LA is in the invidious position of its Benefits section having to call another member of staff a liar.

If the screen prints are contemporaneous, that would normally be very good evidence. As a decision has already been made, I'd appeal against the start date on the grounds that the claim was originally made whenever it was. It's then up to a Tribunal to decide.

It could conceivably be argued that only a JR can require the LA to administer a claim made to the Council, but as the LA has actually made a decision, my argument would be that the LA has arrived at the wrong start date - there is certainly a right of appeal against that. If the Tribunal find, as a fact, that a claim was made earlier, the LA will have no defence left.