Looking for remedy when clients win an ESA Tribunal - but arrears subject to sanction.

I had 2 ESA appeals which were successful at Tribunal. They both took a long time to come to tribunal - and then a large proportion of the arrears were subject to sanctions (more than one for both cases) and therefore not payable.

As the sanction decisions occurred after the 13m late appeal deadline I pursued a complaint for both cases – On the basis that there was no documentary evidence of a decision being issued with appeal rights and I was asking for decisions to be issued that I would then be able to appeal.  Eventually I got a response saying that the paperwork didn’t exist and inviting me either to make a further complaint or too appeal the decisions directly to the job centers that would have issued the sanctions (which obviously wouldn’t work as I was outside the 13 months). One of the replies said that they “routinely destroy documents for which we no longer have a business need” and that they only have a duty to keep the paperwork for 14 months under the Department of Work and Pensions Benefits Documents and Data Retention policy.

Someone suggested that I try an Any Time Revision under the provision of “ignorance of the facts” - But CPAG makes it clear that this only works where there decision made was more favourable to the client.

But I did a search for Anytime revision on line and found this ground (which was not covered in CPAG) on the Law Centre website and wonder if anyone is aware of what bit of legislation it is from:

“the decision contains an error about failing to attend a work focused interview or show good cause for failing to attend such an interview”

http://www.lawcentreni.org/EoR/benefits-and-tax-credits/decision-making-and-appeals.html#2. CHALLENGING DECISIONS

Any thoughts on whether the Any Time Review is worth pursuing or continuing the complaint about not being issued the decisions – Will be gratefully received.

Best Regards

Richard Pearce – St Pauls Advice Centre.

Just briefly - you are absolutely not outside any time-limit if a decision has not been issued. Appeal.