Appealing a Non-Decision?

Owen_Kric

Hello,

I've been told to appeal an HB 'non-decision' by the Citizens Advice Bureau ... but they have omitted to tell me how to make such an appeal. Can anyone help please?

Many thanks.

nannytone_2

what do you mean a 'non decision'?

elmer

Do you mean you are a nil qualifier, i.e. you didn't qualify for the benefit due to your income?

Owen_Kric

nannytone wrote: »

what do you mean a 'non decision'?

Yes, that is exactly the question I bounced back to CAB. Currently there has been no reply.

tomtontom

It would help if you explained the problem.

Owen_Kric

elmer wrote: »

Do you mean you are a nil qualifier, i.e. you didn't qualify for the benefit due to your income?

I was fully entitled to claim. An anonymous HB manager suddenly decided that because I had a pension fund (am not yet retired) they were going to look upon this as capital. I have been sent HB guidance regulations which show that unclaimed pension savings are not to be counted as capital.

Now the council has gone silent over this matter which was due to be acted on - a revised decision given - one month ago: hence the CAB suggestion to appeal their non-decision.

However, how does someone appeal a non-decision, it sounds like something out of Lewis Carroll to me?

Was hoping there might be someone here to advise please.

tommix

Just phone the Council and ask them to hurry up and make up there minds..:beer:

tomtontom

When did you appeal the decision, and have they acknowledged receipt of it? Once you have their decision, if they still disagree, you can take your appeal to an independent tribunal.

Owen_Kric

tommix wrote: »

Just phone the Council and ask them to hurry up and make up there minds..:beer:

Thanks. If you phone the council - & get through - you get through to something like a call centre, although they will not tell you exactly where your call is being answered from. If they feel they are holding all the cards they will say something like, 'well we are the Council and we are right - you are wrong.' If you demonstrate to them that the council have made a serious mistake the voice on the other end will say something like 'well, you better write to them, this is just a call centre, is there anything else I can help you with?' and so forth.

The revised decision on my claim was due 1 month after I submitted all relevant documents and that was after I formally began the claim. The month - their own timing 'rule' - was up on July 10th, the council are now 1 month behind with their response. In the meantime, due to their bumbling inaction behind an impenetrable screen of anonymity, I have now had a court summons laid against my name - over a council mistake which should have been rectified over a month ago.

These individuals are on a full salary at the tax-payers' expense and this is what we get for it - anonymous bunglers with no responsibility to get anything right because they never have to sign their names to anything. Nice work if you get it :wall:

Owen_Kric

tomtontom wrote: »

When did you appeal the decision, and have they acknowledged receipt of it?

Thanks. All documents in support of my claim were submitted June 10th - by hand - to an HB Officer - and a receipt was signed, stamped & issued.

Once you have their decision, if they still disagree, you can take your appeal to an independent tribunal.

Will an independent tribunal look into the council refusing to give a decision? According to something I saw on the web, the council ought to have written to me already to explain why my appeal has been delayed over a month.

I have been given no further information from the council - letters go unanswered and unacknowledged. Anonymous voices at faceless call centres make fervent promises - nothing in writing naturally - to chase things up - using words like "urgent", and nothing happens. You phone back a week later and your case has not been acted upon. Why do we allow these people to get away with this level of public dis-service, I just don't know?

It is beyond belief

xylophone

Does your MP offer a local surgery?