Assistance required to confirm my thoughts regarding below scenario:

I have just been notified that 3 individuals with learning disabilities live together in a group home and have had their eligible rent restricted over 3 years ago!

The LA heard 1 of the appeals which resulted in the appeal by the claimant being unsuccesful, however the LA used this as a test case for the other 2 claimants without the acceptance or acknowledgment of the other claimants, therefore rent was restricted for all claimants without 2 of the appeals being heard.

The appeals were never withdrawn or revoked in any way, therefore appeals should still be live and should be heard by TAS based on the fact that evidence is available that claims were made etc.

Any comments appreciated.

I am and have been involved with several cases that sound like this. Local authorities often seem to refer to 'test cases' like this - there is, of course, no such concept. A decision on one claim is just that, a decision on that claim. An appeal decision is the same, and is not binding in any way on any other apparently similar appeals. In the cases you are refering to providing the other two claimants put in valid appeals then they are still valid. The local authority should now be pressurised to process the other appeals through to the Appeals Service for a hearing.

Simon Ennals
Essential Rights Legal Practice
0114 255 4526

(I'm sure you know this anyway but) If the LA refuse to prepare papers for the appeal you can ask a chairman at TAS to give directions that the appeals are listed and if necessary write papers yourself.

(Reg 38(2) SS & CS (Decisions and Appeals) Regs 1999 engaged via Reg 23 (1) HB & CTB (D&A) Regs 2001)

thanks for confirming this guys, always good to bulletproof your own thoughts!