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Housing benefit application forms
Several of the local authorities around us are refusing to send out paper application forms. They are insisting that new claims must be made on an online form and if the claimant cannot manage this they can make a phone claim. Is this lawful?
My clients cannot usually manage either and filling in a paper claim with them on a home visit is generally the best option.
Reg 83 of the HB regs stipulates a claim in writing and that the relevant forms should be available free of charge to claimants but does an online claim meet this?
Given that the Regulations make special provision for electronic claims as a departure from normal procedure I think it is pretty clear that the authority must accept paper claims and provide forms for that purpose.
Given that the Regulations make special provision for electronic claims as a departure from normal procedure I think it is pretty clear that the authority must accept paper claims and provide forms for that purpose.
Exactly right, I would put in a complaint, I have heard quite a few LAs are trying to stop people making paper claims but come on, it’s HB not UC.
I bet they also do not keep any records of a customer’s intention of making a claim when they are been refused paper claims.
Previous thread on this, (which includes a point about the council needing to give due regard to equalities issues, as well as act within the HB regs): http://www.rightsnet.org.uk/forums/viewthread/6151/
I remember years ago in the early nineties I took JR proceedings against a local authority for no accepting a claim that was made in writing and not on a form.
This is because the legislation states a claim must be accepted in a form prescribed by the secretary of state (or words to that effect) unfortunately the matter never went to court because the LA settled the case so no precedent was set.
reg 83(1) hben regs1987
As far as I am aware, the generic HCTB1 form is still valid - well the government still allow you to download them from:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/255774/hctb1.pdf
So where LA’s refuse to issue paper forms I simply dowmload a HCTB1.
I download the HCTB1 form, and either hand it in, or post it if our local HB dept are in one of their less helpful moods and insist on an appointment to give a form in.
Jobcentre Plus in our area are still issuing HCTB1 forms when a claimant makes a claim for any of their benefits and requests a claim for HB/CTR.
The problem is that the forms I have seen are quite old ones and do not have all the newer questions on so more info is needed before the claim can be processed.
Our LA will issue paper forms if it’s really, really needed but more often than not they are directed to the computers within the building. There are supposed to be ‘floor walkers’ to help anyone struggling but I heard recently of someone who took 5 hours to complete only part of the form. Apparently there was no one available to help him!!!
I just love the idea of floorwalkers. I can picture it now.
Are you free Mr Humphries?
I’m free!