Can someone point me in the right direction for the Regs that state that a LA should make a HB payment within 14 days of receiving enough information to process and complete a cliam - I know it goes back to a case brought against (I think) Westminster City council a few years ago.

I ask because a neighbouring Authority is changing over their computer system and running into problems - this is causing delays as one might expect: unacceptable from both the tenants and private landlords points of view - given the fact that the mail is slowed down by the christmas period, their sense of timing leaves a lot to be desired...

The Regulation is Reg 76(3) (to be read in conjunction with Reg 91-payments on account.)

It was not Westminster it was Haringey R v Haringey LBC ex p Azad Ayub (1992) 26 HLR 566 QBD

I will email a copy to rightsnet

Thanks for that - I recall it was a London Authority but could'nt for the life of me remember which one ..........

Thanks very much to stainsby, Haringey R v Haringey LBC ex p Azad Ayub is now available on rightsnet.

Is there a right to compensation if an authority (given that it already has all the info) takes longer than the 14 days to complete a claim?

One thing that I have noticed is that some authorities seem to string out/daisy chain their enquiry letters seeking information (sometimes asking for info that is already disclosed on the claim forms) in order to prolong the time available to them to deal with a claim. This usually result in a great deal of distress for claimants. It seems to me that there is a deliberate attempt in doing this by LAs in order not to fall foul of the 14 day.

Has anybody else come across this and is there any way that one could seek compensation against this apparent practice ?

I have successfully obtained compensation by bringing a complaint of maladministration to the local Government Ombudsman.

Another tactic where possession proceedings are instituted, is to join the council as a party to the case with a view to having the council foot the bill for the costs of the case.

You could also send a pre action JR protocol letter to the Councils legal department. This often speeds things up

Contrary to the position taken by many LAs, the 14 days to issue a "Payment On Account" starts running from the date when the claim is received by the LA and where the delay in processing....

"...does not arise out of the failure of the claimant, without good cause, to furnish such information, certificates. documents or evidence as the authority reasonably requires and has requested..."

Some LAs insist that the 14 days only starts from when all the info is provided (to VF standard etc). However, that is not the test set by HBR 91.

A friendly reminder - PoAs can only be paid in respect of rent allowance.

Regards