I'm looking for the caselaw reference posted here some time ago (i think by 'Nevip') which comfirms that the time limit to appeal only starts from when the decision letter is posted.

Our client is outside the 13 month appeal deadline, but states she never received a decision letter regarding an overpayment.

thanks for any help here.

Starter.... Where a decision is not notified at all (distinguished from a notification that contains defects), the House Of Lords has found that such a "decision" is of no force or effect until notified.

R v SoS Home Dept & anor ex parte Anufrijeva (2003) UKHL 36 - para 26
www.bailii.org/uk/cases/UKHL/2003/36.html

Although not a benefits case, I can't see any reason why the principle should not apply to Social Security benefits.

For questions about receipt of decision notices where they have been posted but not received see CJSA/3523/2002. The CD discusses the scope and application of section 7 of The Interpretation Act 1978. The relevant regulation dealing with serving notices to which The Act may or may not have application is regulation 2 of The Decisions and Appeals Regs1999.

Thanks. Rv SoS etc was the one i had in mind, but the CD is useful too.