HB/CTB - appeal time limit loophole to be closed from 1st November 2010

http://www.legislation.gov.uk/uksi/2010/2449/made

As some will know, a “loophole” for making a late appeal through the mechanism of requesting a statement of reasons has existed since the introduction of the 2008 changes to the appeals system.  That loophole existed because there was no time limit within which a SoR had to be requested (specifically for HB and/or CTB).

However, from 1st November 2010, that loophole is firmly closed.  A SoR will have to be requested within one calendar month of notification of the decision in question.

In short, anyone who has matters outstanding in respect of old decisions has less than three weeks within which to create a “live” appeal window through the SoR loophole.

The situation is slightly better than it might look at first, according to a colleague of mine at another HA.  Here’s what he said in a message to our WRO Forum members recently ...

Although the regs are being amended to create a one month time limit to request a S.O.R. this doesn’t come into force until 01.11.2010 and even then the new reg states that for decisions made prior to 01.11.2010 a S.O.R. can still be requested ‘before 1st December 2010’.

[See regs 2(6), 3(6), 4(4), 5(6) & 6(3) of ]http://www.legislation.gov.uk/uksi/2010/2449/made]

I’ve done a standard letter which I’m going to use when requesting Statement Of Reasons with a view to gaining appeal rights against old decisions. Thought I’d send it round in case it would be useful to anyone. Have also tagged on the letter I use to make the appeal once the S.O.R. is received.

letter to request S.O.R.

Mr / Ms / Mrs .... wishes to request a written Statement Of Reasons for the decision dated ...... This request is being made under both

•  HB reg 90(2) which states that:
A person affected to whom an authority sends or delivers a notification of decision may, by notice in writing signed by him, request the authority to provide a written statement setting out the reasons for its decision on any matter set out in the notice.

•  And, reg 10(2) of HB/CTB (Decisions and Appeals) Regulations 2001 which states
Where a written statement of the reasons for the decision is not included in the written notice of the decision and is requested under paragraph (1)(b), the relevant authority shall, so far as practicable, provide that statement within 14 days.

Neither of the above provisions currently provides a time limit for applying for a Statement Of Reasons. Amending regulations are to be introduced to create a time limit, by way of regs 2(6), 3(6), 4(4), 5(6) & 6(3)  of HB/CTB (Miscellaneous Amendments) Regulations 2010 SI 2010 No. 2449. However, the amending regulations do not come into force until 01.11.2010 and state that a Statement of Reasons can be requested “within one month of the date of the notification of that decision (or, if the decision was notified before 1st November 2010, before 1st December 2010)”.

Mr / ..... is therefore able to request a SOR any time before 1st December 2010.

Once you get the S.O.R. you can use a letter like this to request an appeal within 14 days

Appeal letter after getting S.O.R.
... submits that his/her appeal against this decision is in time because s/he is making the appeal within 14 days of the Statement of Reasons. Schedule 1(a) ‘Time limits for providing notices of appeal to the decision maker’ of The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 specifies the time limit as follows

(b) if a written statement of reasons for the decision is requested, 14 days after the later of (i) the date on which the period at (a) expires; and (ii) the date on which the written statement of reasons was provided;

The latest version of the First-tier Tribunal rules is available from the Tribunals Service at http://www.tribunals.gov.uk/tribunals/rules/rules.htm <http://www.tribunals.gov.uk/tribunals/rules/rules.htm>

*BUMP* - a reminder

Today is the LAST DAY for making SoR requests for HB/CTB decisions made before 1st November 2010!

Any requests for SoRs after today (for those earlier decisions) can be refused by a LA and even if a LA chooses to issue a late SoR it will be extra-statutory and won’t generate new appeal rights.