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Am I right???
Hello - I am wanting some guidance regarding an issue I have with my Local Authority
Mr & Mrs claimed HB/CTR - Mr was awarded ESA and already had DLA - They didn’t write to my client regarding the need to swop claimant/partner in order to maximise entitlement
I discovered this and asked for the claim to be changed - This was only done from the date I requested and not taken back to the date ESA was awarded
I have asked for a recon - explaining that ‘good practice’ was not followed - Refused
Complaint made - HB team leader - refused - stating that there is no legal duty to do this and staff have been made aware of this and to ensure that this is done in the future
I did initially appeal to the tribunal - but client withdrew
Am I right in thinking that this isn’t a matter for the Tribunal as it isn’t a legislative decision and only good practice.
I am currently trying to get the client some compensation regarding this and the second tier complaint is waiting for a decision from me as to whether I am able to appeal via Tribunal or not!
Complaint is the way to go - no Tribunal remedy here as the HB claim was assessed correctly based on the way it was presented to the Council. It would have been good practice for them to explain the position and offer them the opportunity to swap roles, all within the first month so that the first claim could be withdrawn and the second backdated to have effect over the same period. The issue is very well known so it is arguable that it is maladministration on the Council’s part not to detect that the “wrong” member of the couple was the claimant and proactively offer them the chance to switch. The remedy would be compensation equal to the amount lost.
Thank you - That was my thoughts - They have admitted that they haven’t followed good practice so hopefully will have good case
From this point forwards all Rightsnet threads should be titled “Am I right?” or “I am right” 😊