LA tell me they 'closed' HB claim due to claimant failing to supply income details. Obviously I can't tell by this statement whether client received correct decision notice with appeal rights. I asked for copy but LA say can't supply as computer generated. I (think I)remember seeing posts about this in this forum but can't find for the life of me.
Any help gratefully received
Cheers
Sue

The LA can’t “close” a claim. They would have to have made a decision.

It sounds like either they incorrectly did not make a decision and treated the claim as “withdrawn”. If so they acted illegally. Only claimants can withdraw a claim.

Otherwise they may have decided that the claim was “defective”, in which case they have to offer a right of appeal.

All major HB computer systems can re-print decision letters. (They are needed for TAS for one thing).

If they insist they can’t, you can always ask for a written statement of reasons.

See R(H)3/2005

It was the illegalilty I was considering. I was hoping they hadn't sent a decision as we would have been way out of time so when their letter tells me simply "...I cannot let you have a copy of the letter advising Ms X that her claim rec'd 29.07.2004 had been closed. This is because they are generated automatically by our computer and a a copy is not held on file....". I'll now let them know I'm not happy - no decision will inevitably mean neither was the client told of her appeal rights. naughty naughty.

I remeber seeing all this info in past somewhere and knew it was unlawful but can't remember what when or where

thanks Nevip. We must have posted simultaneously (that's a hard one to touch type)

There have been a number of discussions here and on hbinfo.org. The only issue might be how long ago this took place.

If it was pre 09/09/04 (The date of the commissioner’s decision) the LA might have an argument that they were empowered at the time to “not make a decision on a claim” and there are therefore no appeal rights.

It depends upon the interpretation of the anti-test case rule. I must put my hand up here and say that I am one who supports the argument that the anti-test case rule applies in these cases, but others have strongly argued that it does not.

The most detailed argument against it applying that I have seen was put forward by Stainsby. I can’t find it at the mo, but he might be able to advise you on that part if your client’s case was pre 09/09/04

Not sure if this if stainsby's contribution in this previous discussion forum thread is the one that you are refering to -

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_mesg&forum=102&topic_id=1899&mesg_id=1899&listing_type=search

To be honest I don't know what the date was. In their letter to me the LA have said "All I can tell you is that it was issued on 31.08.04. We received information after that date and sent for more on 13.09.04. Had the request for information on 13/09/04 been successful the claim would have been re opened".

Thanks for all your help. I'll get stuck in now with my reponse to their vague letter.

Sue

Sue,

If the LA still won't play ball, there seems no reason why you should not then get your client to make a formal appeal giving reasons for lateness etc (presumably to include an allegation that the letter(s) did not contain appeal rights etc).

In that event, the Council would have to provide evidence relating to what they did with the claim and when - especially if the LA wanted to get the appeal struck out as a late appeal. If the LA could not provide such evidence, your client's case would seem to be strong.

Regards

What about the Tribunal of Commissioners decision that stated theat a decision must be made givivng appeal rights, in all the cases I have used it ithas had great results, even though they don't! hold a copy, what happened to computer records? They should have something on file, you could request a copy of the file which always puts the wind up em!

I've got all my ammunition and and have submitted an appeal so if they did send a formal decision before then they'll surely find it even though they've already told me they don't hold copies on clnt files. If they can't then all well and good.

Sue

An update: LA just written back and I quote "The decision was made when the claim was closed. The letter sent to her would have said the following:-
'because I have not received a reply in the given time I have made a decision on the information you have already supplied. As the information is incomplete the decision is that you have no entitlement to benefit. As this claim has not been successful, any request for backdating, if applicable, has also been unsuccessful'".

No mention of any appeal rights etc.

I can't believe they came back to me with '...the letter would have said...'

But guess what - the appeal's lapsed as they've agreed to pay arrears of benefit "now that we are fully aware of (the client's) situation at the time" (don't know how they knew because i hadn't even got around to giving good cause). Obviously nowt to do with he unlawful closing of the file and my mention of specific CD's

Many thanks for your past advice