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Top Decision Making and Appeals topic #2698

Subject: "sTrike out issue" First topic | Last topic
Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

sTrike out issue
Tue 15-Apr-08 08:48 AM

I have a client whose appeal was struck out for not returning the enquiry form. Client has no 'good cause' (mental health, bereavement, life crisis, etc, etc) as such and I reminded her several times.

For a reinstatement, the regs (r.47 DA regs) say you have to say why the appeal should not have been struck out - but in this case, I have to agree that, according the regs (reg 46), the appeal was properly struck out.

I have until the end of this week to make a reinstatement request. Any ideas what I should say? Obviously I can't make anything up, but equally obvious I can't prejudice the application by confirming the client's failure to act.

I don't think I've ever had this situation before - there's always been some reason for not returning it...

Thanks,

  

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Replies to this topic
RE: sTrike out issue, Scott, 15th Apr 2008, #1
RE: sTrike out issue, iut044, 15th Apr 2008, #2
      RE: sTrike out issue, ariadne2, 15th Apr 2008, #3
           RE: sTrike out issue, Tony Bowman, 16th Apr 2008, #4

Scott
                              

Welfare Rights Worker, Leeds City Council, Welfare Rights Unit
Member since
26th Jun 2006

RE: sTrike out issue
Tue 15-Apr-08 12:30 PM

Have you considered just returning the completed enquiry form.

We have found that if the enquiry form is returned within 1 month of being struck out the Tribunals Service will reinstate the appeal regardless of whether any reasons were given.

  

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iut044
                              

Advisor, South West Lancashire Independent Community Advice
Member since
15th May 2007

RE: sTrike out issue
Tue 15-Apr-08 06:39 PM

I brought a simmilar issue up at a Tribunal User Group.

My client had not met the deadline when completing a GL24 because she had lost my telephone number. She did not suffer from learning difficulties or have problems with her memory.

The District Chair said that it was best to always give a reason, even if it was not a very googd one. He also said that it was important to give as much information as possible to demonstrate that the appeal had a realistic chance of being sucessful as it had to go ahead if this was the case

  

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ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: sTrike out issue
Tue 15-Apr-08 07:39 PM

I'd endorse the point about likely success. Chairs don't like depriving someone of a genuine case.

  

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Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: sTrike out issue
Wed 16-Apr-08 08:19 AM

Thanks for your replies all, will do what I can.

  

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Top Decision Making and Appeals topic #2698First topic | Last topic