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Appeal against a decision made in 2010
Unusual one this. Client had CA stopped in 2010 but didn’t notice until 2012. As I understand it the decision to stop CA was mistakenly made (or at least it appears so) and I undersatand that no letter saying that the CA had stopped ever reached the client.
I was thinking that the stopping of the CA might count as an official error and be challenged by asking for a revision but then I began to wonder if the 2010 decision might be appealable as the client had never been served a notice to say that the benefit was stopping. I know that this might be hard to prove but if we could do so would my client’s failure to notice that the CA had stopped until m nearly two years had passed be taken into account when working out the time limit for appealing.
If the client did not receive effective notification of the cessation of CA then I agree with you that he has an argument for an appeal (might want to make a SAR to prove no decision sent to Cl).
However if the CA unit admit their decision to end was erroneous then it may be easier to ask them to revise their termination decision and no need to appeal as CA will be reinstated.
However if the CA unit admit their decision to end was erroneous then it may be easier to ask them to revise their termination decision and no need to appeal as CA will be reinstated.
A big ‘if’ though, given there’ll be no right of appeal against any refusal to revise. I’d simply appeal on the basis that no notice means appeal made in time and on the grounds of official error. CA Unit can still revise if it has a mind to, but if not will still have to produce evidence sufficient to satisfy a tribunal that effective notice was actually issued. And assuming that you’re already home and dry on the official error part of the appeal, I’d imagine that most tribunals would tend to lean in the appellant’s favour where the appeal then turned on a balance of probabilities as to whether notice was issued…
[ Edited: 20 Feb 2013 at 12:32 pm by past_caring ]IF the award was stopped in error (for whatever reason) rather than by a decision (for whatever reason) which would carry a right of appeal (even if the client never received the written notification (which DWP should be able to show was actually issued) what is at issue is maladministration not a ‘decision’ which can be challenged by revision or appeal.
If DWP stopped it in error they should simply re-instate payment with arrears (it is arguable that they could reasonably ask for info. to confirm continuing entitlement through out the period of non-payment). Is this a case for a complaint (possibly through MP if DWP are being unhelpful) or maybe asking to speak to a supervisor and simply knocking a few heads together?