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Top Decision Making and Appeals topic #3911

Subject: "lapsing appeals" First topic | Last topic
Tony Bowman
                              

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

lapsing appeals
Thu 18-Mar-10 09:09 AM

Whose responsibility is it to lapse an appeal - The Tribunal Service or the Respondent?

I have a case where the decision before appeal has been favourably revised by the Respondent and in response to my suggestion that
the appeal must lapse, the respondent has said we should write to TTS to 'withdraw' the appeal.

I intend to write to TTS pointing out that the appeal should lapse, but should I ask TTS to do it or should I ask for a direction for the respondent to do it?

Thanks very much.

  

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Replies to this topic
RE: lapsing appeals, past caring 3, 18th Mar 2010, #1
RE: lapsing appeals, Kevin D, 18th Mar 2010, #2
RE: lapsing appeals, Tony Bowman, 18th Mar 2010, #3
      RE: lapsing appeals, Ruth_T, 18th Mar 2010, #4
           RE: lapsing appeals, Kevin D, 19th Mar 2010, #5
                RE: lapsing appeals, Tony Bowman, 19th Mar 2010, #6
                     RE: lapsing appeals, past caring 3, 19th Mar 2010, #7
                          RE: lapsing appeals, Tony Bowman, 19th Mar 2010, #8
                               RE: lapsing appeals, Martin Williams, 19th Mar 2010, #9

past caring 3
                              

Welfare Benefits Supervisor, Brixton Advice Centre
Member since
04th Mar 2010

RE: lapsing appeals
Thu 18-Mar-10 09:38 AM

"Whose responsibility is it to lapse an appeal - The Tribunal Service or the Respondent?"

Legally, the appeal has already lapsed - s. 9(6) of the 1998 Admin Act - and there is no valid appeal for a tribunal to determine.

I'm unaware of any regulations that deal with how this should be handled administratively. You could do it - all that would be required would be for you to send a copy of the new decision to TS and to inform them the appeal has lapsed. No direction would be needed from the tribunal.

But I think the respondent should do it - if only for reasons of common sense and courtesy.

  

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Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: lapsing appeals
Thu 18-Mar-10 10:25 AM

I wouldn't withdraw the appeal. past caring is correct - the appeal "self-lapses". I'd simply bring this to the attention of the Tribunal.

  

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Tony Bowman
                              

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

RE: lapsing appeals
Thu 18-Mar-10 12:11 PM

Thanks very much both.

  

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Ruth_T
                              

Volunteer adviser, Corby Welfare Rights Advice Bureau
Member since
03rd May 2005

RE: lapsing appeals
Thu 18-Mar-10 07:18 PM

Thu 18-Mar-10 07:19 PM by Ruth_T

I've had this argument several times with one LA.

On the occasions that they have revised a decision in the appellant's favour as a result of a HB/CTB appeal, they write to the appellant asking them to call in to the office to withdraw their appeal. Unless the appeal is withdrawn in this way it ends up being listed for hearing. Most of our clients end up complying with the LA's request because it's less hassle, but it shouldn't be necessary.

  

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Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: lapsing appeals
Fri 19-Mar-10 06:30 AM

I would strongly advise that appeals are NEVER withdrawn in these circumstances. Suppose the LA "reneges"? They can just turn round and say the appeal was withdrawn.

Let it be listed and let the LA get suitably chastised by Tribunals.

  

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Tony Bowman
                              

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

RE: lapsing appeals
Fri 19-Mar-10 08:37 AM

I agree and would never advise a client to consent to withdraw where the appeal should be lapsed.

  

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past caring 3
                              

Welfare Benefits Supervisor, Brixton Advice Centre
Member since
04th Mar 2010

RE: lapsing appeals
Fri 19-Mar-10 09:01 AM

Just a quick correction - should have referred to the SSA 1998, of course, not the Admin Act. (which is 1992, not 1998). You lot knew all that, of course, but others might not.....

  

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Tony Bowman
                              

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

RE: lapsing appeals
Fri 19-Mar-10 09:04 AM

...and for HB its Sch 7 para 3 CSPSSA 2000

  

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Martin Williams
                              

Welfare Rights Advisor, Child Poverty Action Group
Member since
23rd Jul 2008

RE: lapsing appeals
Fri 19-Mar-10 09:50 AM

The LA has a duty to assist the tribunal in furtherance of the overriding objective to deal with cases fairly and justly and more generally- rule 2(4) of the Procedure Rules (SI 2685/2008).

I think a failure on their part to communicate to the tribunal that a decision under appeal has been revised in claimant's favour and therefore that the appeal lapses which leads to a tribunal being convened to hear a non existent appeal will definitely not assist the tribunal to deal with cases fairly and justly etc and therefore an LA who does this is in breach of that duty.

M

  

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Top Decision Making and Appeals topic #3911First topic | Last topic