Request for an Any Time revison
I’ve had a few cases where I’ve had a successful Size appeal in relation to Bedroom tax (room too small to be a bedroom). But obviously the decision only takes effect back to the most recent decision. I’ve been writing to the Local Authority to ask them to carry out an Any Time revision back to 2013. Is there any reason why this wouldn’t work? It seems to me logical that if a room is too small in 2017, it was an official error to count it as a bedroom in 2013 and onwards. Can anyone see a flaw in this?
I’m not an expert, but the guidance on what constitutes official error includes the following: “an official error refers only to a clear mistake of fact or law…” and then carries on to say: “‘mistake’ refers only to obvious mistakes made by officers…” (my emphasis).
See paragraph 6.522 here.
What was the basis of your appeals?
Did DWP/LA wrongly interpret evidence that was available at the time, or is this the first time say, a floor plan, has been made available?
Thanks for both replies, which I think would point to the difficulties in establishing official error. In regard to new evidence, I suppose they took the landlord’s word up to the date of the appeal, when we did supply floor plans etc. so that may be where my argument falls short! They could argue that they are entitled to do so, (it’s the starting point according to Nelson) unless the tenant or someone else asked them to consider anything else.