Regulation 5 Request for a review and notification of review procedure

(1)

A request for a review must be made to the authority where the original decision falls within—

(a)

section 202(1)(a) (decision as to A’s eligibility for assistance),

(b)

section 202(1)(b) (decision as to what duty, if any, is owed to A under sections 189B to 193C and 195: duties to persons found to be homeless or threatened with homelessness),

(c)

section 202(1)(ba) (decision as to the steps they are to take under section 189B(2) or to give notice under section 189B(5) to bring to an end their duty to A under section 189B(2)),

(d)

section 202(1)(bb) (decision to give notice to A under section 193B(2): notice given to those who deliberately and unreasonably refuse to cooperate),

(e)

section 202(1)(bc) (decision as to the steps they are to take under section 195(2) or to give notice under section 195(5) bringing to an end their duty to A under section 195(2)),

(f)

section 202(1)(c) (decision to notify another authority under section 198(1): referral of cases),

(g)

section 202(1)(e) (decision under section 200(3) or (4): decision as to the duty owed to A whose case is considered for referral or referred),

(h)

section 202(1)(f) (decision as to the suitability of accommodation offered to A in discharge of their duty under any of the provisions mentioned in section 202(1)(b) or (e) or as to the suitability of accommodation offered to A as mentioned in section 193(7)),

(i)

section 202(1)(g) (decision as to the suitability of accommodation offered to A by way of a private rented sector offer within the meaning of section 193), or

(j)

section 202(1)(h) (decision as to the suitability of accommodation offered to A by way of a final accommodation offer or a final Part 6 offer within the meaning of section 193A or 193C).

(2)

A request for a review must be made to the notifying authority where the original decision falls within section 202(1)(d) (decision under section 198(5) whether conditions are met for the referral of A’s case).

(3)

Except in the case of a request for a review falling within regulation 6, the authority must—

(a)

notify A that A, or someone acting on A’s behalf, may make representations in writing to the authority in connection with the review,

(b)

in the case of a request for a review falling—

(i)

within section 202(1)(ba)(i) or (bc), or

(ii)

within section 202(1)(bb) where the effect of the notice given under section 193B(2) is to bring the authority’s duty to A under section 195(2) to an end,

notify A that any such representations must be made within two weeks beginning with the day on which A requested the review, or such longer period as A and the reviewer may agree in writing,

(c)

if they have not already done so, notify A of the procedure to be followed in connection with the review.

(4)

In the case of a request for a review falling within regulation 6, the person appointed in accordance with that regulation must—

(a)

notify A that A, or someone acting on A’s behalf, may make representations in writing to that person in connection with the review, and

(b)

notify A of the procedure to be followed in connection with the review.