Deprivation by not appealing against disability benefit.

Hi,

Amongst many things I have a client that has found himself with Council Tax benefit difficulties.

He has claimed CTB since at least 1995 due to low income.

From 1995 to 2004 he was in receipt of IIDB @ 40% rate
In Feb 2004 he had an assessment which resulted in the removal of the IIDB. An appeal was never lodged due to various reasons, ill health, depression etc.
I assisted him in June 2011 in gathering evidence together, not only as he is now but how he has been since 2004 and was when the assessment was carried out and made an application for IIDB with a request for a supersession of the 2004 decision.

In December 2011 a decision was made that the 2004 decision was to be superceded and that since 2004 he was entitled to IIBD @ 40% and that a new assessment will take place in 2014. 

All well and good, he received a backdated award to March 2011 and everything seemed fine.

However the LA are now aware of this decision and are reviewing and revising all of the CTB awards given since 2004. They are relying on CTB regs 32(1), 39(1), CTB60+31(8) and 37(1) to argue that as there was evidence that should have been submitted with an appeal against the 2004 decision, and that that evidence would have resulted in the 2004 decision being overturned (as it as now), then my client through his own negligence and refusal to appeal has deprived himself of a benefit that he would have been entitled to.

I am arguing that whilst the decision to overturn the 2004 decision has been made in 2011, there is no evidence whatsoever that a similar result would have occured in 2004.
The LA are countering that my client never gave the DWP the chance to make that decision in 2004.

Any thoughts please?

Thanks for that.

All of the regs that I quoted have come from what the LA has put in their latest missive. Seemingly not being entirely sure which one would apply so put them all down - it looks good if nothing else!

I too thought that the LA must be trying it on, but wasn’t quite sure what grounds I would use to argue it.

This isn’t the first time that I have had a ‘run in’ with this particular LA (Shepway DC)

Just for the record and to make you laugh even more this is an excerpt from an email received yesterday from a ‘Benefit Officer’ regarding another client.

‘......you cannot receive Pension Credit and Employment & Support Allowance (contributions based) for the same period so this confirms that Pension Credit was not in payment….....’

errr yes it was and still is!!! Maybe the DWP/Pension Service need to be told of this new ruling!

Sometimes I despair- I really do….

And, of course, Legal Help for WB issues is quite unneccesary…