I've just read the new tribunal procedure regulations (SI 2008/2685) These appear to supercede quite a lot of the HB Decision making and appeals regulation, but I can't see anywhere in the new regulations or elswhere where DMA regulations are repealed or amended.

Have I missed something? If so can you tell me where the amendments are? If not, how can two contradictory sets of regulations exist together?

The primary legislation (The Tribunals Courts and Enforcement Act) transfered the functions of Social Security and Child Support Appeals Tribunals set up under the 1998 Social Security Act to the First Tier Tribunal.

It seems that all the repeals were made via the primary legislation

The Rules replace 6 different sets of decisions and appeals regulations covering the whole Chamber, but only as far as the appeals procedure is involved. The decision-making rules of the primary agencies - HMRC, DWP, CSA, local authorities, asylum support and criminal injuries compensation - are still governed by the old rules. So you are still stuck with revision and supersession and effective dates and that lot. The Rules have nothing to say about that part of the process, but are quite interesting on how decision makers are supposed to behave within the appeals process.

They also require appellants to cooperate with the Tribunal in order to give effect to the overriding objectives!

In my opinion there has been a hugh unintended change to the time limits for appeal. Here is a copy from my posting on HBinfo.

I suspect this change will be better received on this board than on HBinfo.

Jeff

Type of proceedings Time for providing notice of appeal
cases other than those listed below
the latest of—

(a) one month after the date on which notice of the decision being challenged was sent to the appellant;

(b) if a written statement of reasons for the decision is requested, 14 days after the later of (i) the date on which the period at (a) expires; and (ii) the date on which the written statement of reasons was provided;

I hope I am reading this wrong. Unless somewhere else that I have not found there is now a time limit on requesting a SOR, I can't see anything to stop someone requesting an SOR 5 years after the decision and then saying. "Thanks very much I want to appeal now please" as long as they do so within 14 days of the SOR being issued.

Please someone tell me I am wrong.

Requesting a written statement of reasons for a decision of a DM has nothing to do with the Tribunal procedure, so that continues to be governed by the various DMA regs and is therefore unchanged
.
Essentially there is now one set of rules for each of the decision making (and revising/superseding) authorities, which covers everything relating to the decisions of DMs. The Tribunal procedural rules take over at the point at which someone is deciding whether and how to appeal

The plot thickens!

I've dug out the amending regs- They are the Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) order 2008 SI 2008/2683.

But the list of repeals and amendments does not include the Housing Benefit and Council Tax Benefit (Decisions and Appeals) regulations 2001), which contains provisions on Appeals (reg 17), late appeals (reg 19, how an appeal must be made (reg 20) the composition of appeal tribunals (reg 22)

So it looks to me that these are still in force.

Comments welcome

I have just received this from the DWP.

Jeff,

Thank you for your message.

Is it the case that (i) a claimant can ask at any time for a statement of reasons for a housing benefit (HB) decision and (ii) the time for appealing against the decision to which the statement relates will then in effect start from the date the statement is issued? I have discussed these questions with colleagues DMA Leeds and DMA London. The answer to both question appears to be yes.

As you have pointed out, paragraph 1 of Schedule 1 to the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 provides that the time for providing a notice of appeal against a decision is:

"the latest of—

(a) one month after the date on which notice of the decision being challenged was sent to the appellant;

(b) if a written statement of reasons for the decision is requested, 14 days after the later of (i) the date on which the period at (a) expires; and (ii) the date on which the written statement of reasons was provided;

(c) ".

But what is the time for asking for a statement of reasons for a HB decision? The HB legislation contains two provisions relating to such statements. The first is regulation 90(2) of the Housing Benefit Regulations, which provides that:

"(2) A person affected to whom an authority sends or delivers a notification of decision may, by notice in writing signed by him, request the authority to provide a

written statement setting out the reasons for its decision on any matter set out in the notice".

The second is regulation 10(2) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001. This applies to a person affected who has a right of appeal against a relevant decision and provides that:

"(2) Where a written statement of the reasons for the decision is not included in the written notice of the decision and is requested under paragraph (1)(b), the relevant authority shall, so far as practicable, provide that statement within 14 days".

Neither of these provisions provides a time limit for applying for a statement of reasons. This absence can be seen clearly if we look at the analogous provision that applies to most other benefits, namely regulation 28(1)(b) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999:

"28.—(1) A person with a right of appeal <…> shall–

(a)

(b) be informed that, in a case where that written notice does not include a statement of the reasons for that decision, he may, within one month of the date of notification of that decision, request that the Secretary of State or the Board or an officer of the Board provide him with a written statement of the reasons for that decision".

What all this points to is the conclusion that a claimant can request a statement of reasons for a HB decision at any time and thereby revive the time for appealing. This was not the position under the old appeals rules that the 2008 changes replaced. This is because the now-revoked regulation 18 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 merely provided that

"18.—(1) Subject to the following paragraphs and regulations 10A(3) and 19, an appeal which lies from a relevant decision must be brought within one month of the date of notification of that decision.

(2) For the purposes of calculating the period in paragraph (1), where a written statement is requested under regulation 10, no account shall be taken of any period beginning with the day on which the relevant authority received the request for a statement and ending with the day on which that statement was provided to that Person".

In other words, requesting a statement of reasons did not generate a new start date for the time for appealing. All that followed was that the time it took the LA to process the request did not count towards the deadline.

Needless to say, the new position does not reflect the policy intention. I am, therefore, copying this message to policy colleagues who may wish to consider amending the legislation so as to introduce a time limit for requesting a HB statement of reasons.

I hope my comments have clarified the legal position for you. However, please do not hesitate to contact me with any questions or comments you may have.

I've now found the amends to the HB (D &A) regs in the SI I mentioned above.

Interesting on the statement of reasons. I wonder how far back you can go?

"Interesting on the statement of reasons. I wonder how far back you can go?"

As there is no time limit for requesting a statement of reasons, there is, in effect, now no time limit for appealing.....

A further point....

In light of one or two cases I have dealt with this year, I would be VERY concerned at a time limit for requesting a statement of reasons. Such a limit would potentially allow a minority of "bad" authorities to hide behind some atrocious decision making without having to justify it. For example, if an appeallant suspected that the LA had made an error, but more than 13 months had elapsed etc, what could the appellant do to obtain the LA's reasoning behind a decision that *could* otherwise be subject to an "anytime revision"?

So, a suggestion or two:

1) Simply reinstate the status quo - max time limit for appeal, but no time limit for SoR; or

2) If a time limit is to be introduced for SoRs, an exception is made where either new evidence comes to light, OR, o/p recovery action commences late; OR, criminal proceedings are commenced (or are under way).

If anyone wishes to use the above suggestions, whether or not in amended form, feel free (but a credit would be nice.... ).