Posted on behalf of one of our advisers:

One of our customers failed to ‘renew’ his REA within 3 months of the previous award ending. DWP determined he’d broken his claim and was, therefore, no longer entitled to any REA. Tribunal disagreed – DWP appealing. S of S's rep citing CI/3237/2000 in appeal application, which addressed the same issues.

Can anyone think of any reasons why this CD may be incorrect? It concerns the interpretation of Para 11(2)(b) of Schedule 7 to the Contributions and Benefits Act 1992 (which allows for a claim of REA to be made at any time) and how this should be viewed in particular by contrast to section 1 of the Administration Act 1992 and entitlement being dependent on making a claim in a prescribed manner.

Can anyone think why para 11(2)(b) exists especially in the form that it does?

Long time since I did Dis Ben & REA, but DRH pages 215- 216 states time limit for REA is 3 months since 7/4/97. I would have thought that the wording of para 11(2)(b)would have been superseded with the C&P Regs about late claims from Apr 1997.

Hello. Thank you for this posting. I have an identical case in front of me awaiting appeal. I do have some ideas on defeating what appears to be a difficult scenario to overcome. However, I would like to condsider the decision cited before I commit myself. Did anyone get hold of a copy of CI/3237/2000 and if they did, can I have a look at it please? Thank you.

We have a copy of the CD - give me an email address or fax number and I'll send you a copy.

could you please send a copy to rightsnet? i couldn't find it anywhere...

thanx

Thank you.

My email address is: patrick.hill@bolton.gov.uk

My fax number is: 01204 337307

Thank you again.

Fri 24-Nov-06 10:29 AM by ken

Hi Fran,

If you could email us a copy of the decision to rightsnet@lasa.org.uk we'll see if we can upload it to the site.

Thanks a lot,

Ken

Our office is having a few ICT issues at present, and I cannot scan the paper copy we have. Happy to fax it to anyone who wants one in the meantime. Note to Paddy: your fax is on its way as I type.

Hi Fran,

Could you fax us a copy instead on 0207 247 9924 and we'll see about uploading it to the site.

Thanks a lot,

Ken

Thu 30-Nov-06 04:33 PM by ken

Thanks very much to Fran, CI/3237/2000 is now available on rightsnet.