Forgive the weary exasperated disbelieving tone of this lengthy posting its one of those Grrrrrr cases. Also its really disappointingly because it reflects badly on an appeals team who are alright and have shown themselves to be humane decent individuals.
Scenario - Clients IS entitlement suspended June 2007 due to JCP appeals section believing he had notional capital and issues relating to overpayments of IS housing costs (he had owned a part share in a house, signed it over to his mum and sister (2003) who owned the other shares in house, because he couldn't pay his share of the mortgage, continued living there, until 2006, when mum and sister sold it). He had it appears not notified JCP of the change in 2003, so IS housing costs were being paid to mortgage company, until sale of house in 2006, when lender explained he wasn't on the mortgage.
Anyway, Oct 2007 JCP shut IS claim, we help client appeal Oct 2007 entitlement decision, fortunately, as it turned out this was a late appeal 4 -5 months after decision, so JCP appeals team referred it for LQPM to determine whether appeal time be extended, which they did.
Anyway JCP appeals team sit on case, eventually after TS (and us) hasslingly them to produce a submission/written response, they um and errrrrrr, and advise TS in the last week or so they have made a favourable decision so appeal revised blah blah. So TS shut case for obvious reasons.
We the reps and as far as we can tell client never receive this favourable decision?
We ring the appeals section, to be told the following (heavy sanitised version because i don't want to include subjective comments made to me by the appeals individual concerned about the case), that a decision was made last Nov 2008 (he advised we don't send copies of decisions to reps, Mmmm we're a party to the proceedings ??????? whatever anyone out there in welf land or beyond is thinking don't even bother stating the obvious).
Decision or decisions? we were advised related to notional capital, Appeals team member advised that they had written to Leeds (DWP legal team), who told them that they had no case for notional capital etc etc, hence they revised appeal.
Reminded appeals team member the decision under appeal was a over entitlement to IS i.e. had they or were they in the process of reinstating IS from June 2007 and paying arrears. Response was no! he gets IS from October 2008 (client made a new claim last october 2008).
Explained to the appeals team member that i was struggling with the idea, that this was an appeal concerning entitlement i.e. receipt of IS, that had been revised 'favourably' in client's favour but his IS was not going to be in reinstated from June 2007 until the new claim in Oct 2008. He explained well! he hadn't given us the information we wanted???????? I asked surely it was the information JCP wanted, that we helped him provide was why the appeals team sought advice from Leeds and errrrrr revised their decision in the clients favour????? Response......................
Anyway, we're going to do the obvious write to the TS ask them to reinstate appeal and request a judge issues an interlocutory directions asking the appeals team to issue a sub/written response asap.
Has anyone got a further advice, ideas or observations. I'd be really grateful for any input.
Grrrrrrrrrrrrrrrrrrrrrrr him from the sticks
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