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Forum Home  →  Discussion  →  Housing costs  →  Thread

O/P - LA repeatedly say decision correct

Peter Turville
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Welfare rights worker - Oxford Community Work Agency

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at the back of my mind i recall a UtT decision in a case where a LA repeadedly advised claimant the HB decision was correct, despite claimants enquiries, although in practice it was wrong. At what point is it reasonable to accept the LA assurance despite doubts? In our case the LA have documented 4 specific enquiries yet still argue client could reasonably have known.

Could someone please jog my memeory - is their a decision on the repeated enquiry / re-assurance question?

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Yes, there is- I’ve quoted it in a few recent subs. Am not in the office at present so if no one else comes up with it in the meantime I will dig out the ref tomorrow morning.

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Actually, I think it’s CH/3240/2007 (sorry- can’t do links!)

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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These cases can go either way: there have been occasions when the UT/Commissioners have regarded the claimant’s repeated enquiries as evidence not only that they should have known they were being overpaid but that they probably did actually know - two examples are CH/3309/2006 and CH/2888/2002.  So your client will have to show not only that s/he kept querying the overpayment (which does not appear to be disputed), but also that it was reasonable for him/her to assume they must know what they were doing - to believe that they had actively decided the award was correct and were not just being slow to sort it out.

Peter Turville
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Welfare rights worker - Oxford Community Work Agency

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Gentlemen & anoraks everywhere - thanx as ever!