For any of you who are particularly legally minded....

Claimant lived in a hostel over 3 periods of time. Decision to restict rent under 'old regulation 11' made on each occasion by authority.

Claimant made an appeal in the 1st period of residence and 3rd period of residence, but not for the 2nd period of residence.

Due to delays on the part of the authority one whole submission was made to TAS for all 3 periods (it was overlooked by the authority that there was no appeal made for period 2). TAS accepted appeal/s and they are due to be heard soon.

The arguments we are wanting to make is that there was a 'legitimate expectation' and the principles of 'estoppel' would apply in regards to period 2 i.e even though there was not an appeal made for period 2 there was a legitimate expectation rasied in that the authority accepted and treated the appeal as though it had been made and TAS deemed it had jurisdiction to hear the appeal/s.

Can anyone help in regards to directing me to case law that would help the claimant in this situation and any further arguments for supporting the arguments of estoppel and legitimate expectation?

Many Thanks

Mark

Can't help with estoppel etc.

However, there may be a more mundane remedy:

Reg 4(7) of the HB & CTB (D&A) Regs 2001 provides:

(7) A relevant decision made in respect of a claim or an award may be revised
where–
(a) a decision in respect of that claim or that award is given by an appeal tribunal,
Commissioner or court on appeal against a decision (“decision A”);
(b) the relevant decision was made after decision A; and
(c) the relevant decision would have been made differently had the relevant
authority been aware of that appeal decision at the time it made the relevant
decision.


It seems to me that if you win the appeal against the decision of PERIOD 1 (equivalent to "decision A") and the LA do not appeal then they are deemed to have accepted that was correct. Presumably the decision on PERIOD 2 was taken after "decision A". This would mean that presumably they would have decided PERIOD 2 differently had they been aware of the decision in respect of PERIOD 1.

Of course you can't appeal any refusal of a revision application under this reg so your only remedy if they refuse to do it will be JR.

Hope that helps.

martin