Refusal to pay arrears of HB following successful appeal

We had a successful First Tier Tribunal appeal early in December 2014 on the issue as to whether one of our clients was a “worker who retained worker status” rather than a jobseeker. The decision was that he was a worker, and was therefore entitled to Housing Benefit for a period between July and October 2014 (when his JSA ended in any case on the basis that he did not have a reasonable prospect of finding work).  However, the Local Authority have not paid these arrears because they are currently considering whether to appeal this decision to the Upper Tribunal.  So far they have not even received the Statement of Reasons and obviously if they do decide to appeal it could be a year before the Upper Tribunal decision.  Our client will be evicted well before then.  It seems to me this a case when Regulation 93 must apply and that there would be the basis for a Judicial Review if the Local Authority do not change their decision.  I would appreciate any comments and advice. Thank you Ruth Knox

They have a discretionary power to suspend HB under Reg 11 of the HB&CTB; (Decisions and Appeals) Regs 2001 pending a further appeal.  It has to be exercised reasonably of course, but that is the relevant provision.  So you would need to persuade them that it is unreasonable to use the power in a case where the adverse consequences will bite long before any UT appeal is heard.

Thanks - I spoke to the CPAG advisor service just after I posted it, and they pointed out this discretion.  So I shall take a more emollient approach to the Local Authority and try to persuade them not to exercise their powers.  Ruth