Local councils are not content with totally ballsing up the original bedroom tax decision they now seek to recover the DHP they awarded to the pre 1996 exempt cases that would not have had to make if they hadn’t ballsed up in the first place.
According to the DHP guidance and the law they are not able to recover a DHP in these circumstances either and so this is yet another example of maladministration by these buffoons.
The latest one hot on the heels of St Helens (see here) is Wirral Council and their letter is below and under this I have composed a quick draft response that anyone who is pre-1996 exempt may care to consider to send to their council should they embark on this errant path.
Dear Malcolm Flanagan,
You will not be making arrangements to recover the DHP referenced in your letter dated 22 Janaury 2014 as I am asking you review this errant fait accompli decision .
I contend that this DHP for any period before the above date is not recoverable and this is supported by paragraph 5.10 of the DHP guidance manual issued by DWP in April 2013 and the wording there stems from law in the Discretionary Financial Assistance Regulations which were made under S69 of the Child Support Pensions and Social Security Act and at regulation 8(2).
The DHP awarded at the time was a correct decision and under the above references is not recoverable. I did not misrepresent the position when applying for a DHP or did I fail to disclose any material fact. The DHP claim was awarded correctly at that time.
I also note and consider your letter deficient in law as you have not advised that I have a right of review to the above decision which is stated in the above referenced DHP guidance manual at paragraph 3.15 and also at 6.3.
I also maintain that your fait accompli letter above is maladministration (see 6.1) and that the review I have as my right needs to be completed by another person (see 6.5). I also note that this apparent decision contains a right to Judicial Review and see para 6.1 of the referenced DHP guidance above.
I await you comments by return and specifically to any authority and reasoning you maintain you have that this DHP is recoverable