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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

IB appeal from 2011

Andrew Dutton
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Welfare rights service - Derbyshire County Council

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Total Posts: 1955

Joined: 12 October 2012

In 2011 client did some work that was found not to conform to Permitted Work - IB stopped and then overpayment raised - 2 separate decisions.

Overpayment was appealed in time but DWP never sent a submission. After MP complaint, overpayment was found not to be recoverable. Decision made in 2014.

Actual entitlement to IB was subject of late appeal in Sept 2011 which was acknowledged in Nov 2011 but appears never to have proceeded to appeal, no submission was ever issued - after long delays and complaints, DWP say they cannot find the papers but that they think it was decided on alongside the overpayment. But it’s not clear this is so.

SSCS say they have no jurisdiction to require DWP to complete the appeal process as it is under the old rules and a sub was never issued.

What bugs me is that DWP have simply taken no action and left this matter, never issued a sub, only answered letters 3 years late after an MP compalint, and then only dealt, I think, with part of the problem.

How to get them to take further action? Back to the MP?

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Total Posts: 2262

Joined: 15 October 2012

if there was an unrecoverable o/p then there’s still a decision that he wasn’t entitled. It’s implicit and if if there’s a decision in ‘14 that the overpayment is not recoverable I’d be launching an MR against that argoing no o/p at all as client remained entitled throughout.

You might end up scuppering my claim to have the last ever IB appeal!

[ Edited: 19 Dec 2014 at 03:31 pm by Dan_Manville ]