Appeal to a housing benefit tribunal. Find out where to get help with benefits. If we uphold our original decision, you have a further month to request an appeal to the independent tribunal service. Hackney Choice is a choice based lettings scheme allowing applicants on the housing waiting/transfer list to have greater control over where they live. You can ask to extend the limit for a revision or appeal of a decision up to a maximum of 13 months. housing benefit and council tax reduction if you have more than £16,000 in total savings, stocks and shares or other capital, unless you receive guarantee pension credit. Your request should include the reasons why you feel our decision is wrong and also any additional evidence you want to submit which you can upload with the form. We’d like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. You can apply for advertised properties, rather than wait to be allocated a home. Hackney Solicitors in £40,000 Housing Benefit Overpayment claim win and client receives £7000 backdated benefit. Can I appeal against the amount of housing benefit I am being paid? The charity’s 470 homes were listed by the London borough of Hackney as part of the wider social housing supply, which is under pressure in that part of the capital. If you disagree with the tribunals decision it may be possible to take the case to an upper tier tribunal but only if the tribunal made an error of law. Find out other ways to apply for Housing Benefit. Lord Kerr . At the same time Hackney council demanded that she repay £200 in housing benefit which she had been given just as her jobseeker's allowance was being taken away. This case concerned a claim against our client for Housing Benefit Overpayment of £40,000. However, it is common ground that a backdated payment of 1,252.32 was made into Mr Findlay's rent account on 25 January 2010. Agudas Israel Housing Association Limited (AIHA Ltd) is a charitable social housing provider in the London Borough of Hackney (Hackney), who provided social housing only to members of the Orthodox Jewish Community. We also use cookies set by other sites to help us deliver content from their services. The Supreme Court has handed down its judgment in R v Hackney London Borough Council and Agudas Israel Housing Association [1].. This will tell you the periods your housing benefit covers, how it is worked out, and what income we have used. The tribunal service use over 140 venues across the country, so will try to hold the appeal within reasonable communing distance of where you live. We've matched this postcode to London Borough of Hackney. Most people will need to claim Universal Credit instead . R v Hackney London Borough Council and Agudas Israel Housing Association (AIHA). R (on the application of Z and another) (Appellants) v Hackney London Borough Council and another (Respondents) before . The policy of AIHA Ltd and … For example, you can do this: if the council don’t change the decision after you ask for a review. In this situation a claim for Judicial Review may be appropriate. Limits to housing benefit have been set so that about 30% of properties should be affordable, but rates were frozen in April this year, and Hackney rents have continued to rise. Waiting times are long. The Supreme Court has handed down judgment in R (on the application of Z and another) v Hackney London Borough Council and Agudas Israel Housing Association [2020] UKSC 40. Hackney Council is breaching people’s privacy by “publicly identifying” residents in receipt of housing benefit, it has been claimed. Once you have received a statement of reasons, you then have a further 14 days to ask us to review our decision, or to request an appeal of your housing benefit. instead of asking the council to reconsider their decision . He noted housing benefit was now in payment and stated that ‘the order has been made on discretionary grounds’, presumably meaning the court considered it reasonable to make an order. When considering whether an appeal can be accepted as late we will look at factors such as: The appeal will be prepared by the Council and sent to the Tribunal Service who are independent of the Council and impartial. Occasionally other specialist panel members may be present, if the judge feels they need an expert (for example a qualified accountant) to help them understand the evidence. Lord Sales . On appeal from: [2019] EWCA Civ 1099 . Go to London Borough of Hackney website. Don’t worry we won’t send you spam or share your email address with anyone. Helping people who have been refused a benefit to appeal a Department of Work and Pensions (DWP) decision; Advising people affected by the benefits cap or the spare room subsidy (‘Bedroom tax’). “Hackney is unable to comment on the outcomes of these investigations. Check if you’re eligible for Housing Benefit before you apply. Council services are currently significantly disrupted due to a serious cyberattack, and you may experience difficulty contacting us or using our services. Regrettably, Hackney has been unable to confirm the position about the arrears due to the complexity of the housing benefit history in this case. Universal Credit is now live in Hackney. To help us improve GOV.UK, we’d like to know more about your visit today. Find out what financial help you could be entitled to and how to apply for it. Don’t include personal or financial information like your National Insurance number or credit card details. AIHA is a registered charity, which provides social housing in Hackney, formed for the purpose of benefitting principally the Orthodox Jewish Community. We are temporarily unable to process requests for explanations or reviews of decisions. Does LHA apply to me? You can write to your council’s housing benefit department to ask for an appeal at the first-tier tribunal. The vast majority of people who join the register will never receive a property. If you need to make a claim for either of these benefits, please submit an application and we will process this as soon as we are able to do so. Exemptions for direct discrimination under the Equality Act 2010 Introduction. JUDGMENT GIVEN ON 16 October 2020 Heard on 29 and 30 June 2020. Image: Hackney Council. Related content Appeal a Housing Benefit decision; Housing Benefit; Brexit. It will take only 2 minutes to fill in. We use some essential cookies to make this website work. If the tribunal service accept your appeal, they will write to you notifying you of the date and time of the hearing. At Hackney Citizens Advice Bureau we’re starting to see an increase in enquiries from people affected by the various cuts to housing benefit payments, with shortfalls between rent and housing benefit rates of as high as £550 per month. Lady Arden . Referrals are made to other agencies such as the DWP (as the appropriate organisation to investigate Housing Benefit fraud which was identified through our other investigations), the Home Office (in cases where there are doubts about immigration status). We aim to submit all appeals to the tribunal service within 90 days. The appeal must say the reasons why you believe the decision is wrong. ), and found that only 142 were within housing benefit limits. Housing Benefit is being replaced by Universal Credit. You can get information on their website. MOPS itself has characterised the proposals as officially changing council housing in Hackney to a benefit for the most vulnerable, arguing that Labour-run councils should see council housing instead as “the most practical and affordable way of housing people”. Housing benefit overpayments can be confusing and make it difficult to budget. Before making an appeal it is recommended that you seek advice from an independent advice agency. JUDGMENT . You can ask us to either explain our decision verbally or to provide you with a statement of reasons in writing. 13. We’ll send you a link to a feedback form. Hackney applied for a warrant, after the date of possession. Any savings over £6,000 will affect the way your claim is calculated dependent on whether you are under or pension credit age The Court of Appeal judge has rejected the request. If you feel our decision is wrong you can either: A request for a revision or appeal can only be made by a person affected by the decision: If you think we have made a mistake, or you have information and evidence which you believe will change our decision, you have the right at any time to ask us to look again at our initial decision (a revision). London Borough of Hackney Housing with Care provides care and support to people living in self-contained flats across 14 schemes located in the London Borough of Hackney. If you need to talk to someone, we'll do our best to help Get help. All content is available under the Open Government Licence v3.0, except where otherwise stated, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases. You will be given the choice of whether you want to attend the hearing and speak, or if you want the tribunal to look at the case in your absence. An example of this could be where Housing Benefit has been refused and a client is facing a possession claim under mandatory rent arrears grounds., but by the time the Housing Benefit appeal is concluded it will be too late because a Court would have made a possession order. If you need to make a request, please submit this below and we will process this as soon as we are able to do so. Your housing benefit appeal must be made within one month of the date you are notified of our initial decision. The problems with housing benefit – and not just in Hackney – have led to people losing their homes and has affected 100,000’s of people and has hardly rated a mention in the national press.