Appeals

irrvscotland.org.uk
  • No tags were found...

Les Robertson - IRRV Scotland

Appeals

IRRV Appeals Seminar

19 th June 2015

Les Robertson

Service Manager Fife Council

Presentation Title

Edit in title master


Introduction

• Interesting Appeals and Outcomes

- Bedroom Tax (a view from history)

- Non Commercial

- Real Time Information

- Persons From Abroad

- Other external appeals/cases

Presentation Title

Edit in slide master


Bedroom Tax Appeals

• First Tier Decisions:

• Nelson Brothers – Size of Room;

• McLeary (not appealed) – supported

accommodation and definition;

• Wright & Little – access to children/shared

custody (appeals both refused);

• Gray (not appealed) - use of rooms

• Thomson – Use of room (Appeal refused);

Presentation Title

Edit in slide master


Non Commercial Arrangements

• Thought resided with step-mother;

• Step mother provides various

addresses then final one Bulgaria

• Never paid any Rent and step mother

pays all other bills except Council Tax;

• We first decided resides with close

relative then changed to noncommercial

arrangement.

Presentation Title

Edit in slide master


Non Commercial Arrangements

• Case 2 – moved into sons property in June

14;

• Son resident in New Zealand;

• Mother acted as son’s agent prior to moving;

• Lease entered into in October 14

• Son did not charge rent Jun-Oct 14

• Initial Lease Oct 14 for £600 per month

• Lease changed in Feb 15 to £350 PCM;

• Mother pays what she can afford;

Presentation Title

Edit in slide master


Non Commercial Arrangements

• Case 3 – Moved in with friend after own

house repossessed;

• Lease signed agreeing to pay £320 pcm;

• Lease signed 15/07/14 but did not claim HB

till Oct 14 and requested a backdate;

• When questioned landlady stated she would

defer rent until lodger was “back on his feet”;

• Lodger/Landlady have friendship and she

was trying to help out a friend.

Presentation Title

Edit in slide master


Real Time Information

• Increased workload due to the number of

appeals regarding overpayments;

• Each case looked on merit but consistency?

- Earnings input wrong and appeal refused;

- Pension input wrong and appeal upheld;

• Must look at what is reasonable given the full

circumstances and I can see how each

judgement has been made.

Presentation Title

Edit in slide master


Persons From Abroad

• Partner refused National Insurance;

• Jordanian national married UK citizen;

• I.S 96 form received – persons to be detained

but allowed to remain but cannot work and

must report to police;

• Not given right to remain so fails immigration

status test;

• DWP refused NINO request – does not

require one at this time

• Mr now moved out so Mrs can claim herself!

Presentation Title

Edit in slide master


Persons From Abroad

• EEA Nationals classed as Job Seekers;

• 19 year old who has resided here since 2008

in various foster care homes after step father

imprisoned and deported;

• DWP notified Fife Council that she was

classed as an EEA Jobseeker so HB refused;

• Appeal now received – Outcome?

• Huge problem not just for HB but

homelessness also classed as public funds.

Presentation Title

Edit in slide master


VAC Cases - LTE

• Watch if you introduce LTE additional

charging for Council Tax;

• Fife correctly criticised for failure to

apply Wednesbury Principles;

• Review managers discretion policy if

you have one in the first place;

• Still a lot of work – not costed.

Presentation Title

Edit in slide master


Summary

• Been a long time since I was an

Appeals Officer but nothing really has

changed!

• Applying the rules in a fair and just

manner;

• Questions?

Presentation Title

Edit in slide master

Similar magazines