I am having a tussle with the LA about this Reg. Claimant is a volunteer for 6 months for a charity and lives in accomodation on-site owned by the Charity. She does not have to live there - but chooses to (lifestyle, proximity, cheap etc) She is in reciept of JSA & signs every 2 weeks, stating the number of hours volunteering she has done & her job search activiites etc. JSA has been paid since Sept 04 without a problem.

The LA refused HB on Tied Accom grounds - I asked for review etc pointing out that this is not employment, nor is she required to live there & therefore 7(1)i does not apply. Cited HB GUidance manual, & some case law

LA seem unable to accept this

Am I right?

Any tips to progress this please?

Kate Bartholomew

Suggestions:

1. Have the tenant contact her local 'ward Cllr' (by ringing the LA's main number, the operator will be able to tell you what Cllr covers the address concerned, and surgery details), and ask the Cllr to look into the matter. If unsuccessful:
2. Have the tenant write a letter of appeal, and send to the LA, (you can do this on his/her behalf, but the tenant (benefit claimant), MUST SIGN ANY LETTER OF APPEAL! If unsuccessful and/or no response…
3. If the appeal is not sent to TAS within 4 weeks, have the tenant contact the LG Ombudsman and seek compensation, (this will actually have the effect of speeding up the appeal to TAS). Copy the letter of appeal and Ombudsman complaint to TAS, and ask for a listing in absence of the LA's submission, (TAS will usually only except these appeals in extreme circs, but as this has been going on since last Sept, I am assuming that rent arrear is threatening the tenancy?). If still unsuccessful…
4. Contact the relevant M.P. with the tenant’s concerns, and your own (regarding the decision, and any lack of action on the appeal).
5. Attend TAS, and present your case...