housing benefit paper claim forms

I was advised by an agency that they had had difficulty submitting papers hb claim forms. For example one claim was specifically rejected as it was a paper claim. And also that they could not now get hold of a paper form. Another agency confirmed that one of her clients had problems as she did not trust computers and had been refused to a paper form.  There is a general belief in the area amongst agencies that paper claims are not accepted.

I have asked at one hb contact centre and they confirmed that no paper forms were available.

I submitted a complaint and the local authority have said that:

it is not their policy to not allow paper claim forms.(although they say they have no written policy on this)
They will issue paper forms in “extreme circumstances.”
They sent me a pdf form which I have circulated.
They have given me the number of a manger in case there are problems.
They have stated that paper forms will be made available to “vulnerable people who are housebound and who do not have access to the internet.”
I have been told by a source that an email has been sent to council staff saying paper forms are acceptable (but not yet seen it)

I appreciate that on line claims are much more efficient way for the local A to handle claims.

I have two questions:

a) Am I correct that paper forms should be made available and accepted (reg 83 (1) 2006 regs (or does reg 83 (a) actually allow hb departments if they want to have on line forms only. (although in some circ this might be challengeable on Equality act grounds?)

b) if they must allow paper forms do you think the complaint is worth pursuing to ombudsman (it has been through the two stages) on the basis that they will still gatekeep who gets a paper form so it might be hard for members of the public to get a paper form unassisted by an advice agency. Or do you think they have made enough concessions and in any event it is not a major problem ( is it hard for advice agencies who will presumably generally assist with on line clams to tell if it might be a problem for
people,  who do not seek advice?)

Any help would be much appreciated.
Thanks

If you read the first three paras of Reg 83, it is clear that the context pre-supposes the existence of paper forms.  I’d say that they’re treading a very fine line legally, and their response to your complaint suggests that they think they are as well!

I’m not sure whether it can be called “maladministration” so I’m sure about whether an Ombudsman complaint would be much use.  Maybe better to ask for copies of the equality impact assessment…....

Thanks Andy . I hadn’t thouhgt of that I will look into it.

My local HB department are very similar and try to insist on office appointments to make a claim (which they then write themselves on paper, oh delicious irony).  I ignore them and download the NHB1 from gov.uk.  They can’t refuse to accept it, much as they may like to.  And if they don’t want to take it from me/client in person, I put it in the post.

I dont think they can refuse the delivery of a form given the terms of Reg 83 (4)(b) provides for a claim form to be “sent or delivered” to the designated office.

Regulation 83(2) provides that LA’ s shall provide forms free of charge.

There is therefore no doubt that LA’s must provide paper forms to claimants and accept them back from claimants.

Any LA insisting on online claims or claims in person is acting outside the law

Interesting post. As far as I am aware there have been no problems with obtaining paper claim forms. Certainly it is not an issue any clients have raised with me, and we have stocks of the forms at our bureaux. In addition, Manchester City Council routinely send out a paper claim form when HB/CTS are suspended due to a change of circs.

In my experience, a bigger problem for clients is lack of ability (for a variety of reasons) in accessing “digital by default” either from the LA or DWP. A huge number of clients are simply not ready to change the habit of a lifetime and go digital. Indeed many will actively avoid it.

As has been pointed out claims “shall be in writing and made on a properly completed form” so I don’t think there can be any doubt that there must be access to paper claims.

Nothing wrong with the Council looking to encourage other forms of claiming but paper forms must be given out when requested.

Just for information, Councils are no longer required to undertake Equality Impact Assessments as long as they give due regard to equalities issues.

Have similar problem with one of the LA we work with, they advise that they will not issue paper forms, claims to be made over telephone or in person at council office where they will get assistance to complete. They also have a visiting officer (but off sick). When I asked for form to be sent I was refused, HB manager has offered to allow us to complete if we undertake training.  I manage an experienced team of advisors who complete the full range of claims both paper, online and over telephone.  Discussed this with my colleague who agrees with your views, a paper claim if requested should be made available.