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Top Decision Making and Appeals topic #260

Subject: "statement of reasons and loss of 14 days" First topic | Last topic
Semitone
                              

welfare rights officer, Redcar & Cleveland Welfare Rights
Member since
22nd Jan 2004

statement of reasons and loss of 14 days
Mon 17-May-04 01:20 PM

Client applied Att All, turned down & applied for revision, turned down again and asked for statement of reasons. Att All says can't have an SOR after a "reconsideration" (which they term a "maintain" decision)only something called "a written explanation and this didn't attract the extra 14 days for appealing.
(client hadn't had an earlier SOR)

I phoned DBU and was placed through to the "Explanations Section" and received exactly the same response so I looked at the cheeky Reg 28 D&A. That says SOR against any decision by Sic of State or Officer of Board blah di blah. Phoned back to "Explanations" who this time responded that it was the departments official line. So much for the regs. They then patched me through to Newcastle who expressed some surprise at Blackpools response and said would ring me back. Five minutes they did to say their decision makers were of the view the 14 days would be added to the appeal deadline.

So, is this War of the Roses DM style. Has a piece of cyber legislation passed me by or are Att Allowance unit at Blackpool giving duff info to clients and prejudicing their appeal rights.



  

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northwiltshire
                              

welfare rights officer, c.a.b. n.wiltshire
Member since
26th Jan 2004

RE: statement of reasons and loss of 14 days
Tue 18-May-04 12:18 PM

It is a rare occssion but I have to concur with Blackpool, Reg 28 covers notice of the original decision and since the Regs came in my understanding has beenthat the extended period can only apply to the original decision. Which is supported in commentary in Mesher, Dis. Rights HAndbook and Cpag book.

Again it hurts to agree but in this case i think their right, but will be happy to be proved wrong.

  

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Top Decision Making and Appeals topic #260First topic | Last topic