The ‘Postal Rule’ and benefit appeals

Is it arguable that benefit appeals should treated as made at the time that they are put in the post?

In Adams v Lindsell (1818) the court established the ‘Postal rule’ that deems that acceptance of a contract takes place at the time that the letter is posted.

Although I accept that the making of a benefit appeal is different from accepting an offer to form a contract, there are points that suggest that the rule should be good :

- the postal service is as much the agent of both parties in 2012 as it was in 1818 when the decision was made,
- it is the DWP that specifies that the postal service must be used, and should therefore bear the burden of letters getting lost in the post or being delayed

(presently I am frequently having to argue for appeals to be admitted late when I have posted them a clear week ahead of the time limit, hence my train of thought)

Comments and Guidance welcomed

thanks

Late appeals can be submitted up to 13 months after the decision made, as long as you can show “good cause for doing so”

I have had plenty of GL24s received a few days after the 1 month limit and it has never been a problem as they know that postal delays would constitute good cause.
The benefit delivery centre addresses are a sorting office anyway, so it will take a few days before it even gets to the dept in question once received by Jobcentre Plus.

I experience this quite often with ESA appeals, also with social fund review requests.

It would be quicker and easier to simply show proof of date of postage as a means of persuading the JC to accept the appeal/review request, rather than having to write a nice letter explaining why there is good cause.

I will look into the Interpretation Act - thanks

If we’re running up against the deadline we fax GL24s through to the BDC, and follow up with a mailed copy.  Never had an appeal refused in these circumstances.

Tony’s reference here:

http://www.rightsnet.org.uk/forums/viewthread/3175/

I tend to scan and email appeals (saves on pastage costs and we are strapped for cash). Emails to JCP are acknowledged within about 10 seconds so they cannot then say ‘received late’.