Client has R2R as family member for PC but HB refused

please correct me if I am wrong, doesn’t the LA have to apply the HRT (and RtoR) test it’s self.

I am unable to find the regs or guidence that requires a LA to follow the DWP’s (HRT) desicion (most of the time a LA will follow the DWP to save time and effort)

hbinfopb - 31 March 2011 03:54 PM

The Regs that require the LA to follow the DWP’s HRT decision are the ones I cited in my first reply ... but only where the DWP’s decision is to award IS/JSA(ib)/ESA(ir)/Pension Credit.  It doesn’t work the other way round - if DWP rejects the claim on right-to-reside grounds, all that means is that the Council has a claimant who doesn’t get a DWP “passport” benefit and all matters then fall to be decided by the Council for HB/CTB purposes.  But when the DWP gives a favourable decision, that is binding on the Council by virtue of the Regs cited above.

Agree completely and there is ample case law to support that this required approach.
Chaos

Thanks for all the responses - I had covered the bases in that daughter is still working and client is still dependent (just about) on her.

I take the point about the LA potentially querying her R2R with the Pensions Service, but they would need some evidence to do this(which they dont have) - also her residence permit would have to be revoked, would it not? And thats not likely to happen given daughter is still working and that is the main thing the Borders Agency would be interested in.

See paragraph 23(2) of CH/3079/2007

“(2)  Where Regulation 10(3B)(k) and Regulation 7(4A)(k) apply a local authority is not allowed or required to make a parallel decision as to whether the claimant is a person from abroad.  The terms of those regulations do not permit the local authority to treat the claimant as a person from abroad where the claimant is in receipt of income-based JSA.  .....”

Thanks again for all the responses - the LA have reviewed their decision in the client’s favour - I was anticipating the LA taking up the issue with the DWP but this has not happened - pessimism is a natural by-product of this job when you have been doing it too long….