Discussion archive

Top Housing Benefit & Council Tax Benefit topic #900

Subject: "Housing Benefit Overpayment and the Disability Discrimination Act" First topic | Last topic
paddyhill
                              

Welfare Rights Officer, Bolton Welfare Rights Service
Member since
23rd Jan 2004

Housing Benefit Overpayment and the Disability Discrimination Act
Tue 09-Nov-04 08:18 AM

'Mornin' all. Went to SSAT yesterday for £7000 overpayment of Housing and Council Benefit for a person who is profoundly deaf. All the technical arguments appear to be a non-starter as the Local Authority have adheared to Part VII to Schedule 6 of the HB regs. All the facts of the case are correct as there has been a failure to disclose an occupational pension. This goes back to 1995 from 2003. I turned up with the Disability Discrimination Act under me arm and asked the Chairperson to consider that as the Local Authority had made no provision under the DDA to assist my client with a signer to help him to complete the many claim packs over the years then they were guilty of the official error stated under part 2 of regulation 99 of the HB Gen Regs; thus making the overpayment non-recoverable. Chairperson adjourned for a written submission. I've started this submission and feel kinda comfortable with the direction and argument to be presented. However, I'm sure that someone out there will have some ideas or, indeed, relevent case law about something similar. Any ideas will be appreciated. Thank you very much.

  

Top      

Replies to this topic

mike shermer
                              

Welfare Benefits Officer, Kings Lynn & West Norfolk Borough Council, Kings l
Member since
23rd Jan 2004

RE: Housing Benefit Overpayment and the Disability Discrimination Act
Tue 09-Nov-04 10:23 AM



Paddy

Tis just a thought, but I assume you've already asked the LA concerned if they can actually produce a written policy relating specifically to the provision of interpretation services under the DDA?

  

Top      

Top Housing Benefit & Council Tax Benefit topic #900First topic | Last topic