LONG STANDING IB OP - NEW APPEAL RIGHTS

Good morning (lovely day :o))

I have a client who appealed against an OP of IB on 19/11/2007.  The DWP stopped deductions which were being paid out of the clients benefit to reduce the OP.

Client did not hear anything more about the OP and assumed the appeal was successful. 

Client recently received a letter from the DWP 25/08/2010 advising him that they have looked at the facts and evidence again and intend to recover the OP.  The letter gives the client new appeal rights, it actually explains what he needs to do if he wishes to appeal the decision.  We assisted the client with an appeal, which is obviously in time as the letter is dated 25/08/2010.  We also requested all recovery be suspended until the outcome of the appeal.

Client has now received a further letter advising him his appeal has been made out of the disputed time period and as a result recovery of the overpayment will continue until a decision is made whether or not his late application is accepted.

As the client appealed in 2007 and this was not resolved and he has received a new decision letter with new appeal rights, should the appeal be accepted within the time limits?

Are there any Reg’s to challenge this further?

Cookie - 21 September 2010 08:35 AM

As the client appealed in 2007 and this was not resolved and he has received a new decision letter with new appeal rights, should the appeal be accepted within the time limits?

Are there any Reg’s to challenge this further?

Insist that the earlier appeal is forwarded to TTS.  If the DWP are obstructive, send a copy of the original appeal (along with an explanatory letter of what has happened) directly to TTS asking for a Direction to be issued to the DWP requiring it to respond.  Although pre-Nov 2008, R(H) 1/07 @ para 34 may be helpful in support of the premise that an appeal can bypass the decision-making authority where that authority fails to deal with an appeal appropriately.  Also see CH/2263/2009 @ paras 13-14.

Hi Kevin,

Thanks for your prompt response!  I cannot believe the incompetence of the DWP sometimes (well actually I can!!) I believe the actual appeal itself the client will win hands down as it’s regarding a clerical error on their part and the client has solid evidence, which has been put before them…it’s like they have not even looked at the appeal.

So you think I should request the original appeal be forwarded to the TS?  The new letter he has received though states “they have looked at the decision again” and also states what he should do if he disagrees, surely this gives the client new appeal rights?

I will, however request the original appeal is referred to the TS.

Thanks once again.

see reg 30 of the decisions and appeals regulations.  An appeal once made lapses where it is revised in favour of your client ( even
if its only a penny reduction in the overpayment)  and a new appeal must be made but if they revise but don’t actually change the decision in anyway (the decision is not morre advantageous) then the appeal carries on to the tribunal.(reg 30 (3)).

Chris Orr - 21 September 2010 10:38 AM

see reg 30 of the decisions and appeals regulations.  An appeal once made lapses where it is revised in favour of your client ( even
if its only a penny reduction in the overpayment)  and a new appeal must be made but if they revise but don’t actually change the decision in anyway (the decision is not morre advantageous) then the appeal carries on to the tribunal.(reg 30 (3)).

Thanks Chris,

After all that i got in touch with the office and they said that the letter had been sent out by mistake!!!

TUT!

Nikki