Appeals and complaints

Q. Is the decision to accept late notification of an application for a supersession subject to appeal rights?

A. The determination of an application for late notification does not confer a right of appeal. This is because the determination of that question does not constitute a decision in its own right.

The determination is made for the purposes of a decision under paragraph 4 of Schedule 7 to the Act, in other words a supersession. The determination of the effective date constitutes a part of the outcome decision, and so could be considered by an appeal tribunal as part of an appeal against that supersession decision.

This is because in order to determine the correct effective date of the supersession the appeal tribunal would consider the issue of the late application.

Regulation 9(6) of the HB/CTB (D&A) Regulations prevents an application for late notification of change of circumstances being renewed once it has been refused. It is intended to stop repeat applications for late notification being made which would slow down the process of the matter being considered by an appeal tribunal on an appeal against the outcome decision.

Q. How much information can be given to a landlord about the claimant’s circumstances where the landlord has appealed against the recovery of an overpayment?

A. The landlord should be provided with a copy of the submission which is sent to the Appeals Service. All relevant factual information should be provided in that submission, because to do otherwise would prejudice a fair hearing by the appeal tribunal.

Local Authorities should be aware that they need to consider each individual case on its merits in deciding the information which it is necessary to include. Where elements of doubt exist about particular pieces of information the Local Authority should seek advice from its own legal department.