Statement of reasons and appeal loophole

Hi

I have 2 cases with our LA where i am trying the tack of asking for a statement of reasons to open up an additional 28days to submit an appeal.  The LA don’t like it though and I would like to be able to quote the regs to them, does anyone know them?

Thanks

CharlieK - 04 October 2010 02:04 PM

Hi

I have 2 cases with our LA where i am trying the tack of asking for a statement of reasons to open up an additional 28days to submit an appeal.  The LA don’t like it though and I would like to be able to quote the regs to them, does anyone know them?

Thanks

Be aware that it is only an additional 14 days - NOT 28. 

Currently, a statement of reasons can be requested under either regulation 90(2) of the Housing Benefit Regulations 2006 (working age - equivalents exist in CTB and for the respective Pension Credit age versions).

Oddly, there is also a provision under regulation 10 of the HB and CTB (Decisions and Appeals) Regulations 2001 (the DARs).  Unlike the main 2006 HB/CTB regs, DAR 10 expressly excludes SoRs where reasons were given with the decision.

Crucially, neither SoR provision currently has a time limit - but this won’t last for long.  Once requested, the language of HBR 90(2) and DAR 10 means the provision of a SoR is mandatory.

After that, Rule 23(2) & (5), in conjunction with Schedule 1, of the The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 set the time limits within which an appeal must be made.  Within Schedule 1, one of the time limits is within 14 days of the provision of the SoR - the 14-day time limit is not dependent on the SoR being provided within a specified time.

If you get any further resistance from the LA, make a formal complaint - probably copy it to the Legal Dept and/or the Chief Executive.