1. In this section, we outline the steps to take in considering an HB decision made by the Council.
Considerations of HB decisions
- Identify the relevant decision(s) in question;
- Identify whether the decision(s) are original decisions on the claim or revising or superseding ones (appeal application and Council records);
- If an overpayment decision identify the revising or superseding decisions that produced the overpayment;
- If the decision(s) in question are or in the case of an overpayment arise from revising or superseding ones identify the factual basis and legal grounds (DMA Regs) upon the decision(s) have been revised or superseded;
- If the decision in question is a superseding one or in an overpayments case identify the factual and legal basis for the date of supersession (DMA Regs and HB Regs).
- Consider the relevant law that applies to the decision in question (Acts, regulations and case law);
- Identify any issues of law (legal terms and tests) raised (Acts, regulations and case law);
- Consider whether the relevant facts are agreed or in doubt or dispute; (information & evidence available to the Council)
- If facts are in doubt or in dispute, identify what evidence is available;
- If there is conflicting evidence and the Council has found facts on the “balance of probability”, what weight has the Council given to the conflicting evidence;
- Consider how the Council has applied the law to the facts of the case; and
- Consider the reasons for the Council’s decision(s).