Around April 05 the Treasury announced that HB date of claim would be like other benefit claims, i.e. from date of first contact, provided written claim received within 4 weeks. This was then said to be a mistake, and it would take effect from 'Oct 05. I don't recall reading anything more on this. Have the Regs been changed? Or does anyone know antyhing else about this?

think it was nov 2005 that the new reules were introduced

the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.4) Regulations 2005 (SI.No.2894/2005), in force from 10 Nov 2005 provided for 'the date of claim is the date a claimant notifies his intention of making a claim provided he makes that claim within one month of being issued with a claim form.'

... see rightsnet news Miscellaneous changes to housing benefit and council tax benefit rules: New statutory instrument

Hi

The important words there are "issued with a claim form"

Our super council are still refusing to issue claim forms under any circumstances, even although we point out this new point of contact reg they insist you must come in for an interview before you get a form.

Bill,

I'm astonished - this has been going on for months. Why on earth hasn't a single clmt taken this further? Ombudsman (or equivalent)? Councillors? MP? Appeals Tribunal case? Commissioners case?

I'll be very saddened if this is a case where not one clmt has felt able to take on a bullying LA acting, at least in my view, unlawfully (Johnson / Liverpool being one of the points of reference).

Wish I could say it would be interesting to work at the LA in question - but I wouldn't accept work at an LA operating in such a manner. I haven't mentioned the name of the LA in this thread (I remember who they are); not because I have any doubt about the accuracy, but just to avoid unnecessary hassle for Rightsnet in the event that the LA decides to attempt an expansion of its own brand of ethics elsewhere.

Regards

Hi Kev

Sorry to say still going on.

I make no secret of the authority involved in this illegal practice, you are aware we have been to meeting ect and Berisha and Johnson were produced and mentioned, my name at the side sort of gives the authority away anyways.

As you say it has to be a claimant that takes it further.

We have spoken to the ombudsman who has confirmed we are not allowed as an advice agecy to purse this any further through them, it must be a claimant.

As you are aware from previous discussions on this topic, we do challenge it frequently on behalf of clients but they (The Council) simply give in and overturn the decision in favour of the claimant so we cannot get to appeals EVER, not a simgle appeal since 2001 when HB became part of the Independent Tribunal Service.

Even more worrying was the fact that they (The Council) almost won a prestigious IRRV award for customer excellence, that would have been a step to far, we would not have allowed it to have passed without comment if they had won that. They came third.

Just goes to show how worthless statistics can be used to justify almost anything including customer excellence awards, when in fact they cause more stress, hardship, evictions, homelessness ect than anything with these illegal actions.

MP's MSP have all been invloved but seem powerless.

No appeals? Always caving in? So, presumably, no one ever appeals against a decision that the LA have actually got right? Or the LA is always wrong? How on earth are they getting though audits / BFI etc?

It's a travesty that an LA acting in such a manner is able to appear as being so "good". As I've mentioned before, there are LAs out there who have, apparently, appalling stats, but at least try to get it right. Obviously, not a good tactic. Unfortunately, all too many LAs have jumped (or are jumping) on the "quantity = quality" bandwagon. And I don't see any government (of any political colour) that has the stomach to truly deal with the issues involved. Why should they? If the true figures for delays in dealing with claims were publicly known, no government could afford to stand by. Make the figures "seem" good, and hey presto.....

Right, rant over (almost....)

I sincerely hope that the LA in question gets its just desserts. Sooner rather than later.

Regards

Hi Kev

If someone appeals after review, the HB dept write back months or years later saying?

"Thank you for your appeal dated ???? 2003, we have looked at the appeal but have not chnaged our decision, your appeal has failed and the original decision remains unchanged"

Now you and I know that the law requires the HB dept to send the appeal to TAS following this new unchanged decision, but joe public sees this and accepts that their appeal has failed and gives up, the lucky ones come to us and we sort it out in their favour.

They still insist in only giving 7 days to provide any evidence they see fit to require for the claim for HB, when it has now changed from 28 days to one month.

They make claimants wishing to claim HB / CT phone and request a claim form from them on an 0845 number or via the council switch board, this can take 20 minutes to even get through only to be refused a form, forcing disabled and elderly to struggle miles in if they wish to claim.

But hey if you wish to report a neighbour you don't like for fraud (Rightly or wrongly) a free 0800 number is provided for this?

Bill,
Couldn’t you ask for a claim form to be sent to you so that you can claim HB/CTB yourself?

Then when the LA refuse, you could go to the ombudsman yourself.

It might be worth a try.