Hi All,
I have a new client and need to do some prep before I meet her; 20yrs, lone parent of 2, separated, victim of domestic violence, in receipt of IS, CB, CTC, HB, CTB.

Cl has 2 periods of HB/CTB O'P's, the first in '07 (paperwork/letter not clear why, however LA appear to have asked Cl for income evidence so possible change of circs), and second from '08 (IS ceased).

These O'P's led to rent arrears - local authority property, possession proceeding in'08, suspended at court as Cl agreed to repayments. Cl has struggled for 3 yrs but is in a worse arrears predicament now with arrears at £1,700.

It would appear from the letters I have that the '08 O'P arose when IS ceased and the LA summarily stopped HB/CTB without seeking information as to ongoing entitlement. Cl did not appeal this decision, nor did Cl take any action in respect of the earlier cessation of HB/CTB.

Question.. I have been researching but cannot clearly define any action I can advise Cl to take in respect of the decision to cease HB/CTB. I appreciate the reasons for Cl's inaction need further exploring but could I seek written reasons for the LA decision (thus giving further 14 day appeal rights) ?

I am thinking if I can reduce the O'P then rent arrears will reduce which is essential as Cl is being penalised when bidding for properties under CBL due to the rent arrears and she is deperate to move as she is still in close proximity to the man who subjected her to the domestic violence.

Any suggestions will be gratefully received, in the meantime I shall keep researching. Thanks,
Chaos

hi

you could perhaps ask them what information they requested both times HB was terminated, and ask to see copies of letters, then check to see if they comply with suspension and termination under regulations 13 and 14 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001. if there hasn't been compliance, you could ask for any time revision of termination on grounds of official error.

i used to do this quite a lot when i worked for a housing assosication and used to use CH/2995/2006 where the commissioner says -

'there can be no termination of benefit under regulation 14 unless there has been a suspension of benefit under the provisions of regulation 13; the claimant has been informed (probably no earlier than the beginning of the period of suspension) that information is required within a month or some greater period; and the month or some greater period has elapsed.'

cheers ros

Good advice from Ros. I would incorporate the suggested action into your own suggestion of seeking written reasons.

it's worth appealing, to try to speed things up, but you can probably sort things out.

our LA has some difficulty in the burden of proof thingy for overpayment decisions, and an overpayment calculated on failure to provide evidence suggests that it may have been based on assumptions, whereas the LA is required to establish, on the balance of probability, that an overpayment occurred. assuming the maximum non-dep deduction is a favourite...

lack of information about income may justify a suspension of payments or disallowance, but it is not enough to discharge the burden of proof required for a money demand, which appears to have resulted in a threat to your client of the loss of her home.

Thank you all so much... I was beggining to lose the will to live,
I knew there had to be options but I don't see many HB/CTB cases.

I will keep you posted (probably seek further guidance too!)

Chaos