Council has not reviewed my HB appeal: what to do?

[charles1975]

Hi all,

 

Last February i applied for Housing Benefit. I was already in receipt of JSA, so I thought the case was straightforward. The Council came back in late February disallowing my claim.

 

I thought I had a rock solid case, so I sent a letter of appeal straight away.

 

I phoned the Council and they acknowledged that the letter was received 1st of March but they say the appeal has not been reviewed yet.

 

I asked them how long it should take and they reply that there's no timescale. Apparently they can take the time they want.

 

I asked for a manager to call me back and they said they don't have an obligation to do so. In other words they're playing hard ball.

 

I wonder what I can do now. I can't appeal because my appeal hasn't been assessed yet.

 

Any suggestion will be appreciated.

[unclebulgaria67]

Shelter are best placed to assist with such issues.

 

https://england.shelter.org.uk/housing_advice/housing_benefit/housing_benefit_revisions_and_appeals

[Shoelover]

Why have they declined your claim & what grounds are you appealing on?

[stu007]

Also have a wee read of these links:

 

https://www.gov.uk/guidance/housing-benefit-information-guidance-and-good-practice-for-local-authority-staff

 

https://www.gov.uk/government/publications/housing-benefit-claims-processing-guidance

[charles1975]

Why have they declined your claim & what grounds are you appealing on?

There are details that I can't reveal here but suffice it to say the Council assumed too much based on too little information to throw my application in the bin.

 

Also have a wee read of these links:

 

Thanks but I can't see anything there that can help me.

 

At this stage I cannot take the Council to tribunal because the appeal is still being reviewed.

 

In the meantime I got a call from the Council. They insisted they are under no obligation to give me an estimated time for the decision. So in theory they can drag it forever. I think they made a massive mistake and they would have to pay me back to January.

 

They only said they can give me an emergency loan if I run out of money.

 

I told them if I don't receive a repky within 4 weeks, I'll write a formal complaint. Alternatively I'll write to the ombudsman.

[Shoelover]

Are you appealing as they made the decision based on incorrect information or are you saying it is wrong in law?

 

The ombudsman can't be approached until you have exhausted the councils complaints procedure. I would complain at this stage if they won't give you a rough timescale. It's poor customer service not to do so

[ericsbrother]

you can apply to the tribunal and state that the council has failed to consider the matter in a timely manner and you request an order that they do so.