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Appealing against decision that HB claim was defective or incomplete
This is a scenario that has come up a few times, I don’t know if I’m overthinking this:
New HB claim. The claimant does not supply all requested docs in connection with their claim (e.g. missing wage slips, evidence of rent, etc). Claim is suspended, and they are given a further month. The LA then makes a decision saying claim is unsuccessful because failed to supply specified evidence. Claimant then appeals. If the missing info is supplied at the appeal stage, is it open to the LA or the tribunal to decide HB entitlement based on all the info that has now become available? If so, is there an actual obligation to do so? Or, can an appeal in these circs only really be based on grounds along the lines that the LA really did have sufficient info to decide the claim at the right time, or that the evidence was not reasonably available to the claimant?
It just seems to me that “I can NOW supply the evidence” is not effectively refuting a decision which said “You did not supply the evidence in the required time frame”. (In which case, the claimant should just make a new claim and try for backdating?)
CH/978/2009 seems a bit different, as there it was found that the missing evidence could not have been reasonably supplied. For the moment I am assuming that the evidence should have been available to the claimant.