Discussion archive

Top Decision Making and Appeals


Topic Author Last updated date Replies Views
Recoverability of overpayments
I’ve been having fun with the debt centre again. My questions are, under what circumstances can the DWP revise a decision to say that a previously
Jane8007-Jan-10 03:09 PM
by Jane80
131698
Sutton TAS
Hi, I have noted of late that TAS Sutton seems to have gone backwards in terms of customer services. I understand that they have taken on a lot mor
roecab323-Dec-09 01:45 PM
by Casework team
8819
burden of proof
Can anybody give me the reference for a commissioner's decision (or higher court appeal decision for that matter) about the burden of proof in tribuna
toxteth15-Dec-09 12:29 PM
by Kevin D
4505
Tribunals Service Benchbook?
Having searched Mr G Oogle, it seems the "Benchbook" was withdrawn from the public domain in 2007 and, it appears, FOI requests have been unsuccessful
Kevin D11-Dec-09 04:38 PM
by Kevin D
8806
Can a DLA tribunal consider two different decisions at the same time?
I have a client who was on higher rate care but none of the mobility component who put in a change of circumstances. Anyway, a couple of months la
iut04410-Dec-09 03:51 PM
by iut044
2524
outcome decisions and liberty to apply
I'm looking for caselaw addressing the situation where a tribunal addresses all the issues except calculation, remitting that to the secretary of stat
Damian09-Dec-09 03:25 PM
by ariadne2
1401
Child Support - reasons for decisions
Hi all, I have been looking at some puzzling child support things. It seems to me that Reg 28 D&A Regs doesn't apply to CS decisions. Rather , th
Martin Williams07-Dec-09 05:04 PM0246
Is it OK to dispute both higher and lower rate mobility in DLA?
Hi I have been on a training course where the tutor said that it is not a good idea to dispute the higher rate and lower rate of the mobility comp
iut04407-Dec-09 03:06 PM
by ariadne2
1408
Appealing against a DLA decision when a client is 64 at the date of application but 65 at the date o...
Hi I have a client who was 64 when she applied for dla but 65 and one month when the decision was made that she was not entitled to this benefit.
iut04405-Dec-09 05:29 PM
by ariadne2
3387
tribunal amending statement of reasons
i have a case where the tribunal chair, upon leave to appeal request has admitted there was an error of law but has amended the statement of reasons.
stevenm03003-Dec-09 03:18 PM
by stevenm030
4437
Tribunal decisions time taken
Hello all Usually when we go to a tribunal a client gets the decision on the same day, on the rare occasions that it is not the same day, a decis
mpmap02-Dec-09 03:44 PM
by ariadne2
1355
Department errors in submission
I have an overpayment appeal that has been postponed a number of times and adjourned once as the correct information has not been included in their su
craigavon02-Dec-09 11:55 AM
by ariadne2
4569
Interpreters at appeals
At the NAWRA meeting in Edinburgh, the issue of language interpreters and appellants being separated before hearings came up, we have now had a meetin
Casework team02-Dec-09 11:47 AM
by Casework team
3643
Upper Tribunal decisions
I ought to know where to look this up, but... does anyone know if the Upper Tribunal can make the same range of decisions as the Social Security Comm
toxteth25-Nov-09 08:46 PM
by toxteth
2462
potential successor refused HB due to landlord attitude
I'm pondering what to do in this case where the client is claiming succession to his former partner's tenancy, landlord is refusing to accept successi
hili25-Nov-09 06:38 PM
by Emma1973
6430
Computation of earnings
Have an JSA appeal where client has had fluctuating work and income. DM has declared that reg 51(2)(b)(i) of JSA regs applies and has made many ass
derek_S23-Nov-09 09:27 AM
by derek_S
3316
Decision letter not sent/ time limit to appeal
I'm looking for the caselaw reference posted here some time ago (i think by 'Nevip') which comfirms that the time limit to appeal only starts from whe
paulmack17-Nov-09 11:46 AM
by paulmack
3533
supersession
Afternoon guys I have had no response to below, posted last week. The hearing was adjourned due to Judges ill health, so i may get another opportu
dominic1313-Nov-09 11:27 AM
by Dan_manville
4560
tribunal hearings at home
Does anyone know if TAS can agree to hold tribunal hearings outside the normal venues, including in the claimant's own home, under the new rules? I
toxteth13-Nov-09 11:05 AM
by Dan_manville
2329
Evidence vs assertion
Somewhere on Rightsnet is a CD dealing with the question of the difference between evidence of something being done by DWP (eg a leaflet issued or a s
Neil Bateman12-Nov-09 05:30 PM
by Neil Bateman
7604
Tribunal passses the buck
Not sure if I'm going overboard with this query, but interested to know what others think. Appellant goes to tribunal and is warned (before it ope
stevegale10-Nov-09 01:13 PM
by stevegale
8777
Tribunal training video
I'm running some training on appeals and I've given up role playing tribunals because I'm not convinced they are that helpful (or maybe I'm just not g
chrissmith29-Oct-09 02:13 PM
by Casework team
2477
Re: Tribunal customs
Hi, I would welcome any comments on the following. I have recently attended a couple of tribunals as representitve. Over the years I have attended
angelavgreen29-Oct-09 02:04 PM
by AlteredChaos76
131522
Cock Up in Upper Tribunal Submission
Could anyone offer some advice? I've cocked up with a UT1 submission to the Upper Tribunal. Incorrect medical evidence used on one of the points of
johnwilson28-Oct-09 09:21 AM
by johnwilson
2467
Urgent caselaw for DLA appeal 27/10/09
Caselaw for removal of a previous award (poss R(A)1/89)? I need this for an upcoming appeal. Have googled, used the OCCS website etc and cannot loc
jom22-Oct-09 12:28 PM
by jom
5484
Appeals not forwarded to TTS - info
Following on from another thread, I've had reason to compile another letter where the decision making body has again refused to forward a legitimately
Kevin D20-Oct-09 12:02 PM
by Kevin D
3480
Tax Credit appeals - procedure
I'm assisting a claimant on a procedural issue. In this case, the clmt has plainly appealed (in time) against HMRC decisions relating to Tax Credit
Kevin D19-Oct-09 04:06 PM
by Kevin D
4375
Reading Tribunal venue
This is probably one for Tony Bowman. Appeals from Basingstoke go to the Tribunal venue in Reading rather than the equidistant Hampshire venue of A
ariadne216-Oct-09 08:31 AM
by Tony Bowman
8614
JSA and ESA claims
Claims for JSA and ESA can be for either: - a contributory allowance; or - a contributory AND means-tested allowance. I cannot find the legislat
Tony Bowman16-Oct-09 08:25 AM
by Antonina
6582
'qualified person' under EEA regs .. new Court of Appeal judgment
not benefits but may be of interest ... ... McCarthy v Secretary of State for the Home Department (2008) EWCA Civ 641 (11 June 2008) http://www.
shawn29-Sep-09 07:22 PM
by Dan_manville
81829