this discussion thread was also started in the HB forum ...
i've deleted the other thread ... but here's a response it received there from jmembery, Benefits Manager AVDC, Aylesbury Vale DC -
'I don't think the decision is quite as onerous on LAs as you suggest. My understanding is that in these sort of circumstances, if a claimant subsequently states that they did not receive the request for information, the Authority has to make a decision whether to accept that statement or not.
If they accept the statement they must request the information again and extend the time limit for providing it. If they don’t accept the statement, there is no need to re-request information or extend the time limit, but they must be prepared to have sufficient reasons/evidence to defend the position at tribunal.
In my view, if the LA just posted the request for info through the normal post, it is likely that at Tribunal they will have to prove that the request was properly sent and that once they have proved this it will be for the claimant to prove it was not received.
As you suggest, the credibility of the claimant and their evidence will possibly be an important part of the consideration, as will the creditability of the evidence supplied by the LA.' cheers - shawn
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