Legacy Housing benefit appeal — Scope | Disability forum

Legacy Housing benefit appeal

Peter99
Peter99 Member Posts: 65 Connected
I am at a loss as to the reasoning of my local council. In 2012, an email clearly headed 'APPEAL' was sent to them by email. They failed to lodge at the Tribunal and they are now saying they took the email as a request for reconsideration because they thought that was what I meant. At the time, they did not ask me to clarify my intention and they did not inform me that they were reconsidering their decision. Even after their reconsideration and not changing their decision, they still did not inform me despite having my contact email and knowing fully well I was out of the Country.
They are now objecting to the Tribunal admitting the appeal because they think it is out of time.

Comments

  • woodbine
    woodbine Community Co-Production Group Posts: 5,603 Disability Gamechanger
    Well it is a long time ago nine years.
    I am a person with epilepsy not an epileptic, my illness doesn't define me.
  • Peter99
    Peter99 Member Posts: 65 Connected
    @woodbine
    Yes it is a very long time ago but they caused the delay by failure to inform. They have no right to object to the admission of the appeal.
  • mikehughescq
    mikehughescq Member Posts: 7,790 Disability Gamechanger
    When you appeal a HB decision most LAs will reconsider first internally and then, if that fails to change the decision, ask that you reiterate your intent to appeal. It’s arguable they should let Iog any such request with HMCTS and then reconsider anyway as required by the law so there’s an argument for maladministration where they don’t. Anything labelled “appeal” ought to be forwarded to HMCTS without further question where the review fails but inevitably they’ll claim to be acting in your best interests when they ask if you wish to carry on. 

    This sounds to me like it’s not an out of time appeal so much as one which has sat in abeyance for a silly amount of time. You are entitled to resurrect but, to be clear, given the facts you describe it should be obvious they have a legit right to query the lateness. That does not mean that any challenge on their part will be successful.
  • Peter99
    Peter99 Member Posts: 65 Connected
    edited June 10
    Thanks Mike. I like your use of words. I have learned so much from you over the years. 
    Back to the topic, it will be unreasonable for the Council to claim they are acting in my best interest for hesitating to lodge appeals at HMCTS. The header 'APPEAL' is obvious. 

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