Hi guys

I have come across quite a few cases where a client has appealed a decision via the GL24. However, it seems that clients are getting a further decision with further appeal rights. Which in my opinion seems to be delaying the option of going to a tribunal hearing.

Does any one have any experienecs of this? because my clients have already appealed via gl24 and are later getting the same decision stating that the decision has been reconsidered but remains the same. Yet they have been given the right to appeal again instead of tehir appeal being referred to the tribunals service!

Has any one got any ideas on this or come across legislation defining what exactly the gL24 is - is it a request for a recosnideration or a request to be heard by an independant tribunal

thanks
salma

Hi Salma

An HB department in this neck of the woods (who shall be nameless) sends out letters along the lines of “we have considered your appeal but have not changed the decision……you must get in touch with us within 1 month if you wish to appeal….”

They have been told to stop doing this as an appeal has already been lodged and if they refuse to revise on the appeal then they must send the case down to TTS. When advisers talk to some HB officers and try to explain the legal position its as if they were talking klingon for all the good it does. Some senior managers seem to understand but the letters don’t change.

The GL24 is a specific request for an appeal and cannot be re-interpreted by the DWP/HB dep’t under any circumstances unless the appellant formally withdraws his appeal. An appeal lapses however if the decision is wholly or partly changed in the appellant’s favour.

Reg 33 (1) of the D&A Regs is in the following terms:

“An appeal, or an application for an extension of time for making an appeal to an appeal tribunal shall be in writing either on a form approved for the purpose by the Secretary of State (or the board) or in such other format as the Secretary of State (or the board) accepts as sufficient for the purpose and shall -

(a) be signed by -

(i) the person who, under (section 4(1) of the Vaccine Damage Payments Act), section 20 of the Child Support Act, section 11(2) of the 1997 Act or section 12(2), has a right of appeal; or

(ii) where the person in head (i) has provided written authority to a representative to act on his behalf, by that representative;

(b) be sent or delivered to an appropriate office;

(c) contain particulars of the grounds on which it is made; and

(d) contain sufficient particulars of the decision, the certificate of recoverable benefits or the subject of the application, as the case may be, to enable that decision, certificate or subject of the application to be identified.

Regards
Paul

This has been happening for some time with DLA - mainly in Blackpool from my experience. From a practical point of view I can't see anything wrong with a quick second look ("quick" being the operative word), however, in most cases this has already occurred via a request for a revision of the decision.

I think there is a genuine desire on the DWPs policy side to resolve disputes sensibly without escalation to the tribunal stage, but in practice all is undermined I strongly suspect by staffing capacity. "Dragging it out" is what I call it to even out peaks and troughs. The whole DLA process needs re-engineering, but that's another story.

The most frustrating aspect from my point of view (apart from the delays) is that clients get very confused about the whole process...revision/appeal/revision, etc. etc.

Upon receipt of a GL24 appeal DWP should automatically do a reconsideration of the decision. If the reconsideration is unfavourable then the GL24 should be processed and an appeal submission prepared by DWP.