× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Advice for Decision Making, Annex E - Decisions and determinations that are not appealable

Louise Haycock
forum member

CASA, Birmingham

Send message

Total Posts: 7

Joined: 25 August 2011

Upon reading the ADM publication that the DWP put up on their website I was slightly concerned by one of the decisions in annex E that is not appealable.

“A decision that a sanctionable benefit is not payable or is to be reduced under
prescribed legislation
where the only ground of appeal is that any of the
conviction was erroneous or the offender did not commit the benefit offence”

This suggests to me that a sanction cannot be appealed if there was an erroneous conviction or if there was no offence committed. To me that sounds like an unjust decision.

Here is a link to the annex http://www.dwp.gov.uk/docs/admanx-e.pdf. The quotation is halfway down page two at the 21st point.

What are your thoughts on this?

Cameron Wilson

nevip
forum member

Welfare rights adviser - Sefton Council, Liverpool

Send message

Total Posts: 3137

Joined: 16 June 2010

Off the top of my headI think it’s for those who have agreed to pay a penalty or accept a caution as an alternative to prosecution.