Housing Benefit was cancelled from the 3/1/05 on the grounds that a review form was not returned to HB. The review form has been returned to HB dept today (26/1/05). Have the regulations changed - or do you still have 28 days to return a HB review form and HB is automatically allowed from the review date? (I/S & DLA in payment).

HB are stating these regulations don't apply and unless 'good cause' is provided there will be a break in HB.

Any advice would be appreciated. thanks

Since April 2004, there are no renewal claims.

HB departments can ask for information to confirm there is still ongoing entitlement and can only terminate entitlement for non return if benefit was first suspended.

Benefit can only be suspended if a question has arisen as to whether the conditions for entitlment are met, or where the claimant fails to provide information.

If your client is on IS and DLA, what question can have arisen? Your client has the right of appeal against the decision to terminate.

Furthermore benefit can not be terminated until one month has elapsed from the time limit for providing the information in the fist place.

The legislation is Reg 73 of the HB Regs and Reg 11, 13 and 14 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations.

If they terminated after suspension and carried out the correct procedure, then a claim received more than 28 days after termination will not automatically be backdated and so good cause may have to be proved, but such a claim can be taken as a valid application for revision of the decision to terminate. If the Council refuse to take that approach, then I would suggest that your client should appeal against the decision to terminate.

You do not say when the decision to terminate was made, but I assume that it was after 3 January 2005. There should still be time for either an application for revision, or an appeal.

If you need to appeal, I suggest that you argue that Council has not proven that a genuine question had arisen as to whether the conditions for entitlement were met, nor was there a genuine inforamtion requirement in that a passporting benefit remained in payment and there was no question as to whether or not your client continued to occupy the dwelling in question as his home.

If he is getting any of the care components of DLA there is no question of any non dependant deductions