backdated HB payments refused

[Evergreen]

hi all

one of my tenants on HB for 4 years had her payment stop last september

when i realised due to an oversight, i re applied in mar 09 - she didnt tell me of the letter she got from them as she doesnt talk english!

they've just authorised it, paying me from june 09 onwards

they are refusing to back date the claim however

my reason was that she couldnt talk english, which is valid as she cant talk english - they have refused this claim, stating that she replied in the past (via a translator)

i have 3 questions:
1. what could i use in my appeal to help my case?
2. what action could i take against them?
3. do they have a regulatory body?

thanks in advance

[Emma1973]

The first action you have to take is to appeal against the decision which you have to do in writing. Housing Benefit can be backdated for up to 26 weeks, but you must prove you have 'continous good cause' for your failure to claim during this period.

Not speaking English in itself is not judged to be 'good cause' in themselves, but that is the basis on which I would appeal, dropping in that they were well aware this person could not speak English as they have had to use a translator in the past, and anything else you could think of as to why she could have good cause.


And for number 3, well they are the Local Authority who seem to be more of a law unto themselves than the DWP! The LA will have their own complaints procedure and you need to go through this first, also find out who the councillor is who chairs the committee for Housing Benefit and copy letters to them . If you get no joy there is the Local Government Ombudsman, you will also find your local councillor or MP useful. (Be aware though the LGO was set up to investigate maladminstrations of claims, not 'wrongful' decision, and you have to do the LA complaints things first.

Can I just ask why the claim was initially stopped in September '08?

[jeffrey]

I have 3 questions:
1. what could i use in my appeal to help my case?
2. what action could i take against them?
3. do they have a regulatory body?
You as L have no rights at all, except against T.

[Emma1973]

Technically true, but it could be pushed that he is acting on tenants behalf, but he would have to get written permission from the T, and also get her to countersign any letters or appeals he wanted to send.

I'm guessing the reason you also have the LHA paid directly to you now is because of the T's lack of English?

[jeffrey]

Technically true, but it could be pushed that he is acting on tenants behalf, but he would have to get written permission from the T, and also get her to countersign any letters or appeals he wanted to send.

I'm guessing the reason you also have the LHA paid directly to you now is because of the T's lack of English?
Yes. L would need at least written authority (or, preferrably, a Power of Attorney) from T, with:
a. evidence that T was given a verbatim translation into her own language; and
b. confirmation that T understood/agreed to what L is proposing to do on her behalf.

[Emma1973]

Indeed, but it doesnt need to be as official as a Power of Attorney, at my workplace we have forms of 'Authority to act of behalf of Client' which are accepted everywhere.

The DWP also have new guidelines for working with what they call customers representatives, the client no longer has to be with the customer to talk to you! The LA also runs along the same rules at the moment.

[Michael Clayton]

Being away from the forum can create its own problems; the trail can run a bit cold.

In this instance, I would like to know what caused the previous benefits to end. Unless an actual decision was made (so as to terminate) then it might not be necessary to pursue backdating. In other words, the claimant should still be entitled to benefits for a continuous period.

We need to draw reference from the Housing Benefit and Council Tax Benefit (Decisions and Appeals) 2001. In particular, Part 3 (Suspension and termination of benefit and other matters). Even if a valid termiation notice was served, it might be worth requesting a reconsideration of any decision to terminate.

I would only resort to a backdating request if all else fails.