Hi,

I'm dealing with a case where an advantageous change of circs was reported to a Housing Officer rather than the Housing Benefit team.

Can I argue that the change should take effect from when it was reported to the "wrong" person? I want to argue they are both officers of the local authority, I suppose. Any thoughts?

Sue

There are two conflicting decisions on this, interestingly both released at the same time. (I will post refs when I find them)

Essentially it depends on how clear the wording is on the Benefits section's documentation. If it clearly states that changes must be reported to the Benefits section then it will prove a difficult argument, if it is less clear then your argument has a reasonable chance of success.

There *may* also be an argument if the Housing Officer specifically told your client that they would report the change to the benefits section.

The decisions are CH/2567/2007 and CH/3586/2007.

Although they deal with overpayments the real issue is what consitutes a designated office.

many Local Housing offices have direct access to the local Housing Benefit computers, in which case the LHO may be thought of as an outreach of the actual HB office.

Many thanks both.