Hi all,

This may take some explaining in future post but please bear with me as I feel quite under the weather. Even though its nice and sunny.

I have a HBOP case and the appeal submission has landed on my desk this morning. HBOP occurred due to IS/JSA stopped. However the DWP only told the LA in data matching excercise some 12 months later. The submission writer states:

"landlord disputes that the DWP delayed informing the LA by 12 months as such an administrative delay on their part. the LA disputes the allegation and would like the Tribunal to note that the DWP do not automatically inform the LA whenever IS/JSA are awarded or ceased, but only do so automatically if they are aware HB/CTB has been awarded or claimed, which would only be in cases (which does not include this case) where HB/CTB is claimed via DWP i.e. NHB1 completed and returned to the DWP in which the claimant has shown an interest in wanting to claim HB/CTB". sub-writers brackets.

Now, bear with me, in the submission has a copy of LA HB form, and a RATS enquiry to confirm IS/JSA entitlement at start point of first claim. The RATS reply has claimants present address however states "address on RAT", and shows a completely different address.

Another thing, is the submission writer correct in what he is saying or is he trying to mislead the tribunal with garbage to any reasonable effect of a claimant claiming HB/CTB and DWP telling the LA of IS/JSA stopping?

I can help with a couple of things.

1) The “address on RAT” is often a correspondence address or, sometimes where DWP processing is slow, a previous address.
2) The DWP can become aware of a claimant’s HB interest either by receiving an HB/CTB1 or through the LA informing the DWP that the claimant has lodged a claim for HB/CTB at the Authority. When the DWP become aware of such an interest, they load an indicator on their system that should automatically inform the LA of changes.
However, if the LA did not inform the DWP that a claim for HB/CTB has been lodged (it is not, as far as I am aware a legal requirement to do this, just good practice), or, if they did, but the DWP put the wrong indicator on the claim (This happens very, very, often), the LA concerned will not be notified about the changes.
3) In a number of Commissioner’s decisions, it has been found that in the normal run of events, the DWP not informing the Council of a claimant’s end of entitlement does not constitute official error unless an officer of the DWP specifically tells the claimant that they will undertake to inform the LA of the change.

In our part of the world it is often quoted in these appeals that it is the client's responsibility to report relevant changes so unless the client states that DWP said they would specifically do this the onus is on the client. And even then it's difficult to prove that the DWP did give this undertaking.

well our LA just shouts reg 101 all day long. i can understand the client does have a responsibility to inform LA, but to be quite honest and i've heard it a million times from claimants, "the jobcentre said they would tell the local authority". maybe a wooden block given to claimants when they sign off stating "if you claim HB/CTB then tell your local authority" will work??

does anyone know of any com-decisions about misleading appeals? either LA/clamaint/landlord. either way i think it would be interesting to read up on.

"maybe a wooden block given to claimants when they sign off stating "if you claim HB/CTB then tell your local authority" will work??"

We visited all the local JC+ in our area after realising what a huge problem this is - they now do tell the customers, every single time, if you are claiming Hb please inform the council.

It has worked as well because these particular referrals are few and far between now

Most of our area is covered by CMS (Customer Management System) the new telephone based claiming for IS-JSA and Incap. Hopefully, this problem should be completely stamped out if the operators are following their spiel correctly!

I wonder if there is new technology to send wooden blocks down phone lines?