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Top Housing Benefit & Council Tax Benefit topic #779

Subject: "Hinchy and LA" First topic | Last topic
suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

Hinchy and LA
Thu 30-Sep-04 02:12 PM

Is Hinchy relevant to LA and HB claims ? Client had DLA but not put this on HB forms and they're refusing to backdate the dp.

Sue

  

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AndyRichards
                              

Senior Training Officer, Brighton and Hove City Council, Brighton
Member since
26th Jan 2004

RE: Hinchy and LA
Thu 30-Sep-04 03:23 PM

"refusing to 'backdate' the DP"? Can they do that.

As far as I know, it is accepted that Hinchy has no application to LA's. Hinchy turned on the idea that it was not possible to not disclose a fact which the SoS already knew. An LA does not come within the jurisdiction of the SoS so the argument does not apply, but I am not sure you need it anyway.

Isn't the LA's decision made in ignorance of a material fact and therefore open to revision?

  

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Top Housing Benefit & Council Tax Benefit topic #779First topic | Last topic