Was the issue of whether an authority has a duty to make a decision on a claim or whether reg 76 (2) absolves them of that duty where info requested under reg 73 was not provided ever resolved? There has been a lot of discussion about it on here in the past but I don't know if there was ever any final resolution.

I have a case where the claimant sent in one payslip and the authority asked for more which the claimant did not provide within 4 weeks so claim was 'withdrawn' (sic) This was back in November.

Dont think it has been resolved, the latest decision being CIS540/2002 as far as I know. That decision suggests that there is now a right of appeal against the (non ) decision since denying that right would be contrary to Article 6

Have a look at past post http://www.rightsnet.org.uk/forum/housing/796.html which said DWP weren't pursuing it. Problem is I'm sure I've seen CIS 540 2002 did go on and the S of S won out but can't remember where!

Along the same lines we've just met with a trainer consultant who's been teaching our HB staff. She's telling them to forget about using Reg 76 and just turn down the claims using Reg 73.

Thanks stansby & semitone

In the above thread John Barrett refers to a case which was at the Commissioners: CH/4415/2002. Does anyone know what has happened to this. Has it been heard? Did it decide this issue? It isn't on the OSSCSC website.

CIS 540 2002 is now reported as R(IS)6/04

plus .... there was a rightsnet thread in april (@ http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=102&topic_id=215#281) that said -

You might all be interested to know (?) that Commissioners' are still considering whether CIS/540/2002 has any relevance to HB at all. CH/4415/2002 still remains to be decided on this subject, 9currently before Commissioner Rowland).

However, a Tribunal of Commissioners' will take place in May/June to decide whether claims can be 'lapsed' (treated as withdrawn, or just not processed/decided because of a lack of information), in line with HB reg 76 (2) and when/how the LA is to make that decision, how it is to be notified to the claimant, and whether that decision is appealable at all, and if so when and how any appeal should proceed, (the cases arrising before the Tribunal are CH/2155/03, CH/3423/03, CH/3511/03 & CH/3600/03).

I have a copy of the Commissioners' listing directions if anyone would like a copy, but I am currently asking TAS to 'stay' appeals pending that Tribunal decision, and not rely on CIS/540/02.