Available for In-House Bookings for individual organisations, either On-Site or Online.
Representing Claimants In Social Security Appeals:
Challenging Benefit Decisions
A Workshop For Staff Of Accommodation Providers, Welfare Rights Officers and Benefits Advisers.
This Workshop aims to bolster the confidence of staff who advocate on behalf of tenants in Social Security disputes, especially involving HB and UC Housing Element.
We begin with an overview of the role of the rep in a Tribunal appeal:
We will also consider the circumstances in which it might not be appropriate for a social landlord to represent a tenant in an appeal – especially overpayment cases where the landlord’s interests might not be the same as the claimant’s interests.
An appeal stands a better chance of succeeding if a good quality written submission is sent to the Tribunal before the hearing in which the rep can:
By way of a case study for this purpose, a specimen submission about be included in the Notes Pack.
Most Tribunal appeals are dealt with at an oral hearing – either face to face or using a conferencing application. The Workshop will include tips on how to perform well at an oral hearing: organising documents ahead of the day, coaching the appellant, etiquette in the Tribunal room etc. Here’s one for free: bring a spare copy of the bundle – someone will have forgotten theirs and you can make a very good impression by stepping in to save the day!
Not all appeals will go the claimant’s way at the First-tier Tribunal. We will look at the range of options available to challenge a Tribunal decision, including the time limits:
At both FtT and UT stages, reps will need to rely on legislation and case law. During the day we will look at the sources from which this material can be obtained – and how to render it into a readable format and integrate it in your submission document.
Finally, we examine the landlord’s role as a stakeholder in the HB process: Receiving payments of HB, potentially being liable for repayment of overpaid HB, appealing in your own right as landlord.
About the presenter: Peter Barker is one of the country's foremost experts on Housing Benefit and on benefits adjudication in general. He has a wealth of experience in handling appeals to both First-Tier and Upper Tribunals. His work has involved assisting both accommodation providers and local authorities with courses and consultancy work for a diverse range of client groups, including drug and alcohol recovery, youngsters estranged from their families, ex-offenders, mental health, and profound learning disability and/or physical disability. Peter's unique insight from the point of view of both providers and decision makers enables him to help all parties deal with the issues involved in a fair. amicable and positive way.
Topics Covered:
The Role Of The Rep.
o Rights and responsibilities in the Procedure Rules;
o Authority to represent;
o Overpayments and social landlords.
When To Appeal
o With or without an MR;
o Time limits;
o Upper Tribunal cases on out-of-time appeals in various situations.
Written Submissions
o Summarising the facts;
o Identifying the decision;
o Arguing the case:
§ What has the decision maker done wrong;
§ What should the Tribunal do instead.
o Legislation and case law;
o Specimen submission.
The Oral Hearing
o Preparation;
o Conduct at the hearing.
Taking It Further
o Accidental error;
o Set aside;
o Appeal to UT;
o Templates / specimens.
Delegates are encouraged to send in advance examples of current issues they have with local authorities — whether you are struggling to put together a reply to an in-depth enquiry about charges or looking to challenge an adverse decision. We will then endeavour to raise it during the Workshop.
Contact us for In-House Online booking information for this topic.
We are always pleased to arrange most of our Workshops, such as this one, for staff from an individual organisation.
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