Dear all.
Help would be a gratefully appreciated.
I've got a client who has been granted refugee status and awarded backdated IS,HB. IS- has been paid promptly but we have a huge delay with backdated HB.
We received the letter from LA saying that my client is entitled to backdated HB with the amount of money to be paid and an explanation on how it is going to be paid in December 04. Now is April and money hasn't been paid yet. We provided the LA with contracts and supporting letter from privious Landlord of my client. To cut story short- council says that they can't pay because(appart from all other reasons they have been giving all this time) the Landlord has had power of attorney and wasn't the owner of property my client use to rent- is that correct ?
Thank you all for any help offered.
Yours Erika.

It appears that the LA have 'revised' the backdating decision, and instead decided to disallow the claim on some other grounds, (sounds like they are perhaps using reg 6 and/or 7 (1) (a) and/or 7 (1) (l))...

However, the LA can't 'refuse' to pay HB, as the ability of LA's to withhold payment under HB reg 95 was revoked from 2/7/01... So any refusal to pay an award already decided would be 'unlawful' !!!

So, your client should have received a letter 'revising' the decision to award backdated HB... If no such letter has been issued, you should contact the LA, and ask them to put it in writing why they are not making the payment... They need to quote law, just saying “we have decided not to pay”, would be a nonsense... The last HB decision letter issued states the legal position regarding your client’s benefit entitlement… That entitlement can not be revised just because someone at the LA decides too on a whim… Otherwise, that decision-maker would be acting in the dictionary definition of ‘ultra-vires’!!!

Assuming that no revision letter has been issued... Get a complaint letter out to the LA, (you might be able to go 'straight' to the Ombudsman, given the severe delay, and your clients personal circumstances, and depending on whether any of your previous letters could be seen as a complaint)... and demand payment... or a proper explanation as to why no payment has been made…

You can also take this matter to appeal at TAS, as the LA has no power to withhold after making a decision to award HB. I would do a letter of appeal to the LA, (signed by your client) and wait a few weeks for a reply, (perhaps sending a follow up letter after 7/10 days of the first), and if no reply, send your letters to your regional TAS centre, asking for the appeal to be listed anyway....

Oh and I would recommend leaving out the refugee bit in any complaint letter, appeal etc. unless it is necessary, (which it might be, to show the stresses etc. that your client has suffered)... I say this because I know that word can 'confuse' decision-makers in LA's and some (though by no means all), think... “Oh no, a PFA”, or “Oh no this is a very complicated case”... Just remember that when refugee status granted, (or more likely ILR), that person has all the same rights to HB as a UK national... I would not therefore mention it unless you want to deliberately make the point...

Sorry for the late respond, but better late than never.
Thanks so much for advise.
Yours Erika.

Hi there !
Your help desperately needed, we are appealing against the decision not to award my client backdated HB, (after notification letter that my claim has been awarded backdated HB).
Does anyone know any Commissioners Decision, anything similar to our case ?
Could somebody point to the right direction, where can i find help ?
28 days time limit-when does it starts and finishes from (is one day late-too late ?)
Ex-gratia paynent, how do we claim Ex-gratia?
Many thanks.
Your any, every comment on this case highly appreciated.

What reason(s) has the LA given for not awarding the backdate?

Thanks for quick reply !
1. Failure to provide evidence that the owner of flat my clt. used to rent from an agent , gave permission to that agent to rent the flat to my clt.( clt. rented the flat more then 2 years ago)
2. Failure to provide any utility bills, council tax bills which would indicate my clt.'s residing at either addresses( contract+ support. letter from ex- landlord been provided)
3. The LA that deals with 2 addresses has no record of my client claimed either HB or CTB.
4. The initial application for backdating of HB was received by LA one day later than 28 days time limit.

Hi Shawn and everyone!
So what do you think? And how do i let forum know my new e-mail? Thanks.

The 28 days starts when the person is notified by the Secretary of State of the granting of refugee status. The question arises as to whether that is counted from the date on the letter, or the date the person receives it. I would say if the council started the clock from the date on the letter and your client missed out by just one day then that is a very rigid not so say harsh interpretation. Some allowance should be made for the postal system and I believe CD's exist to that effect.

I am slightly suspicious as to why IS has been awarded but HB seems to be a sticking point. Did your client not indicate that they wanted to claim HB when they claimed IS?

Finally I think the Council is being wholly unreasonable in expecting your client to "prove" the nature of the tangled legal aspects of the ownership of the property they resided in at the time. It is questionable whether any tenant would ever be in a position to do this (can you imagine any prospective tenant being in a position to say to a landlord "well before I deign to rent this property from you I require you to demonstrate your legal right to let it to me"?). It is particularly silly two years down the line. The Council is allowed, in the absence of any other evidence (and if the getting of evidence is impracticable) to take the claimant's word for it, and make its decision accordingly.

Hi Andy !
Thanks for your time and attention. It is a good question about IS. My Clt. did claim both IS and HB and did send the statement - saying - " I'd like my IS and HB to be backdated...", apparently the statement has been dated at the last day from those 28 days. But somehow nobody has mentioned the claim itself and its seems like LA can only see the statement and the date on it.
Another thing in this case- it's took some 5-7 months+one local MP+ CAB+ solicitor of my Clt.to make LA understand what my Clt. was talking about. Every time response from LA was- 52weeks backdating only.

Hi All!
I have turned upside down all internet and libraries , but still could not find anything related to my case!I am sure there is CD on Reg 7B Sch. A1, or about Ex-Gratia payments, it's probably me who cannot see??!! Please, please could somebody be so kind to show me where to look?..
Thanks beforehand.

There is no doubt that the 28 days start from the date the claimant receives the letter granting refugee status, not from the day it is posted.

This is clear from para 2A(4) of Sch A1 of the HB Regs:

"A claim forhousing benefit to which this paragraph refers shall be made within 28 days of the claimant receiving notification from the Secretary of State that he has been recorded as a refugee"

Thanks Stainsby, may be you can show me where can i find the CD on appeal against LA's decision not to pay retrospective HB? Could payment of backdated IS be as a (if i may say so!) "passport" to backdated HB?

Your posts are a bit confusing because only one claim for HB needs to be made under Sch A and that is to the LA where he resides at the time he is notified of refugee status.
Sch A1 para 2A(2)and (3) read:

"(2) Where the claimant has occupied more than one dwelling as his home in the relevant period, only one claim for housing benefit shall be made in respect of that period and such a claim shall be made to the authority for the area in which the dwelling occupied by the refugee is situate and in respect of which he was liable to
make payments when, after he is notified that he has been recorded by the Secretary of State as a refugee, he makes a claim for housing benefit.
(3) The relevant authority to which a claim for housing benefit is made in accordance with this paragraph, shall determine the claimant’s entitlement to that benefit for the whole of the relevant period."

As for evidence and information, see para 5(3)and (4)

"(3) Where the claimant is unable to furnish the necessary evidence to substantiate his claim the authority shall determine the claim on the basis of the evidence that is produced, including any statement made by the claimant himself, any information provided by a landlord under sub-paragraph (2) or by any other person.
(4) Where the claimant has resided in the areas of two or more local authorities in Great Britain in the relevant period, the relevant authority to which the claim for housing benefit is made may require any such other appropriate authority may reasonably require in connection with the exercise of its functions under regulation
7B and this Schedule and such other authority shall provide the necessary information within 14 days of receiving the request for the information concerned or such longer period as is reasonable in that case."

In other words, the Council might just have to accept your clients word for it.

In my view para 5 merely puts the general principles established by the now ancient CD's R(I)2/51 and R(SB)33/85 which held that there is no absolute need for corroboration of evidence in English Law.

You may have some mileage in R(SB)8-89 if the last day for submiting his claim was a day that the office is closed and your clients claim was received the day after.