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WEDNESBURY UNREASONABLENESS !?
A case I had this past week could be replicated elsewhere so keep a look out.
Local authority allowed 26 week break in non dependent reduction for HB CTS for client over pension age when client’s son moved in, After 26 weeks LA should have applied the reduction. LA in error forgot to apply the reduction leading to a large overpayment of HB and CTS.
MY client aged 84 asked for a reconsideration of the overpayment decision The Council in refusing to revise suggested that it was my client’s responsibility to remember that the reduction should kick in after 26 weeks and he ought to have reminded the LA to apply it, and Oh if he was not sure about how non dependent reductions apply he could have trawled the internet for information about them which is readily available on several web-sites
I asked our MP to drop the LA a line about the case before I lodge an appeal . Outcome, LA had another look and decide not to pursue the overpaid benefits !!!
Brian, I see in this case the LA won their case, I can see why but in my case they would surely have lost
I wasn’t suggesting that your client would likely lose; its merely that the case gives an overview of what is required to properly interpret the circumstances and evidence of the case against the relevant statutory provisions.
I would start with what information the LA provided to your client, and when, as to whether (s)he could be expected to have had reasonable knowledge of whether (s)he was being overpaid.
Ah yes Brian many thanks for this