I have a client who has an ongoing Housing Benefit appeal regarding a claim stopped in 2003 due to the ending of IS. He states that he wasn't invited to reapply (although he has also said he didn't receive previous notifications which it subsequently turned out he had!).

In a posting dated 24th August 2004 titled 'LA ignoring the law' Paul noted in one of his resonses that a person has 'not been invited (to reapply) until the invitation/claim form actually reaches him/her.' There's no reference as to where this decision/legislation can be found and I can't find anything. I think this might be really useful to us - can Paul/anybody help?

Thanks.

Mairi

Hi Mairi

A person has 'not been invited (to reapply) until the invitation/claim form actually reaches him/her’ (CSHC/352/2002, paras 15-17).

However, the 4-week period will not be extended if the LA does not send out the form or it does not reach the claimant (para 18). But this may amount to good cause for a late claim and a backdating argument.

I must apologize here. I used the word ‘until’ in that post when I should have used the word ‘unless’. That post was in reference to the mandatory duty at the time to invite renewal claims and not about the date that the clock starts running for the return of the claim form so precision of language was not as important in that context. So I hope that your case is not about time limits for returning the form (which your post does not suggest it is) but rather about him not receiving the form at all, or the LA not sending him one out.

Regards
Paul

Just to add. Reg 72(14)in force at the time made it a mandatory requirement for the LA to invite a renewal claim.

Hi Paul

Thanks a lot for that. My query does relate to whether or not the form was actually sent out - the LA say it was sent twice but then seem to contradict themselves. Whether they sent the first one or not there is no evidence of him receiving it and my client approached them for assistance regarding the stopping of his HB shortly after that date so my argument is going to be that he wasn't given the help he requested (and required) to reclaim.

Just got to get the late appeal accepted by the Appeals Service now!!!

Regards.

Mairi