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 submission.

There are multiple errors in their calculations and the decision has changed and been notified a number of times in response to my highlighting of errors.

Is there a limit on the amount of attempts the Department can take to get this right?

Can I request that a decision be given by the tribunal or are the Department likely be allowed another opportunity to get it right?

If anyone can help?

I would ask the Tribunal to proceed and arrive at its own decision. Indeed, this is precisely what the Tribunal should do in any case. I'd argue the DWP's calculations have been wrong so often, they cannot be relied on and, therefore, it is your calculations that should be accepted.

Depending on the circumstances, I would also consider asking the Tribunal to bar the DWP from any further participation in the proceedings on the grounds that their information / evidence is demonstrably so unreliable, it adds nothing of any value. I would be more likely to consider this approach if the DWP is the party that keeps asking for opportunities to make its corrections and / or adjournments.

In overpayment cases it is useful to remember that the burden is with the SoS to prove:

that there has been an overpayment;
that it resulted either from misrepresentation or failure to disclose; and
the amount that has been overpai.

Unless all of these have been shown on the balance of probabilities (ie, more likely than not), any overpayment is not recoverable.

In my experience Tribunals get pretty fed up with a department that keeps getting it wrong, especially where the reason is failure to comply with specific directions. This especially applies when a PO turns up with the latest 30 page version of the calculation on the day. Cite rule 2 - the overriding objective - especially the requirement for the Tribunal to avoid undue delay, and for the parties to cooperate with the Tribunal.

If there have been adjournments it suggests that the fact of overpayment and the causation are probably unarguable and it is only the amount that is in dispute - is that right?

Sorry about the delayed response. Thanks for the posts.

There are still issues of causation etc but the fact is that to date there has been at least 7 decisions due to continuous error.

The most recent Overpayment decision submitted will be too inadequate to proceed.

There was an original submission and 4 further submissions to correct mistakes and to update on changing decisions.

I have constantly outlined mistakes in the calculation that would have required the Department to seek further information which they have declined to do.

We have not had the recent reforms in the tribunal system adopted in N. Ireland yet therefore I was hoping for some case law to show that where there are multiple delays and mistakes the appeal should be allowed.

In similar cases in the past I have raised the above points about burden of proof and undue delay etc but the chair always gives the Department another opportunity to get things right.

There is of course a power in the new procedural ruels for a Tribunal to make an order that if the required info/subs aren't made by a specific date the Dept is to be barred from any further participation in the case. It isn't often used but you could aslways ask them to consider using it. It should concentrate the mind something wonderful.
And don't forget the overriding objective, and the old maxim "justice delayed is justice denied".