LHTAW - but too late to appeal?

I’ve been racking my brains over this one, but HB has never been my strong point.

In around 2005-6, the client (claiming IS as lone parent) was interviewed under caution by DWP on suspicion of LTHAW with an alleged partner in FT work, and her income support and housing benefit suspended. She has always strenuously denied living together. She is not a very together sort of person with mental health issues and it is hard to get a straight story from her: there is some evidence of a Tribunal some years ago (which she does not appear to have attended), but she has no idea what or why. It was however before any overpayment decision was made on the HB (see below). However, it is certain she was never prosecuted, never accepted an adpen, and never admitted fraud, and has never been asked to pay back any IS. She is now in low-paid work.

In 2007 there was then an HB decision, which she did not appeal, because she was so fed up with the lot of them. Now she has claimed HB again and it has been accepted that she doesn’t have a partner living with her. The Council is trying to recover the alleged overpayment of HB from her (it’s quite a lot), initially at the “fraud” rate. We have successfully challenged this for the reasons given; but the client still refuses to accept that she is liable to repay anything at any rate as she does not accept she was ever LTHAW.

Is there any way she can challenge this three years after the decision?

You’re in the nick of time for this.  The SoR loophole is still available up to and including 30th November 2010 in respect of decisions made before 1st November 2010.

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

In short, ask for an SoR before the end of this month.  An appeal can then be made within 14 days of the SoR being provided.  The same principle applies to any other cases where “old” decisions have been made and a challenge is being considered.  From 1st December 2010, any SoR requested in respect of a decision made prior to 1st November 2010 can be lawfully rejected by a LA.

Also, the FtT rules have been amended from 1st December 2010 to the effect that even if a LA is happy to provide a late SoR, it won’t reopen any formal appeal rights.  This would appear to prevent “extra statutory” SoRs having any effect.

We’re giving it a go. For some reason I thought the loophole had already been fully blocked, whcih is why I asked. Should have checked. Thanks for putting me right!