Living together Appeal UC

Help…....  I have just got a district judge direction landed on my desk, and looking to see if anyone else has came across the issue below:-

I have lodged an appeal to UC regarding an LT decision, DWP have responded to HMCTS asking them to find that this decision is outwith their jurisdiction on the grounds of

a) they have not made a decision hence no appeal rights (clients claim has been indefinitely suspended not closed, MR has been completed and client has had a written decision)

b)the actual decision is a determination decision not an entitlement decision so this is not appealable under UC

Cant believe that LT decisions are not appealable under UC and working my way through the mounds of regs as we speak - any ideas or pointers would be gratefully received, i have 14 days to give a response to this before the Judge makes his decision

Sounds like DWP is confusing constituent determinations with outcome decisions.  The appeal is against the decision that the claimant does not qualify for UC, the grounds of the appeal are that DWP has incorrectly aggregated the income and capital of someone who is not the claimant’s partner.  There is no right to appeal against the determination that they are a couple as a freestanding piece of adjudication but there is a right to appeal against the UC awarding decision that flows from it.  Nothing new or special about UC in this respect.

Whatever terminology they use to describe the process, it is long settled law that anything that passes muster as a claim for benefit must result in a positive outcome decision with a right of appeal to an independent Tribunal: DWP cannot just leave it to wither on the vine.  See R(IS) 6/04 and R(H) 3/05.  I thought that had all been put to bed years ago.

They cannot “suspend” a claim anyway, they can only suspend payment under Part 5 of the 2013 D&A Regs.

Their case sounds like confused nonsense to me.  Have they cited any provisions in Schedule 3 to the 2013 D&A Regs which, in their view, eclude the deciosion from the Tribunal’s jurisdiction?  Do they even know the 2013 Regs exist?

all they are quoting is ss act 1998 chapter 14 sec 8-12 that does not make any sense to me in the context of this decision -  2013 regs has not been mentioned

i completely agree with you, after spending all morning going round in circles with regs the whole thing does not make any sense what so ever - to make things worse the paper work they sent to HMCTS state that no outcome decision has been made hence no appeal rights, is also incorrect my clients support worker has just phoned UC regarding claim and just been told claim was infact terminated on 23/05 so outcome decision has been made arrrggghhhhhhh

thanks for your input ill go have a look at the caselaw now

Well, they have made a decision under s8(1)(a) and the claimant is appealing under s12(1)(a).  I doubt they have “terminated” with a capital T: like suspension, that is a separate process.

Sorry, I am assuming in all of this that you are talking about refusal of a new claim for UC. Is that right?  If an existing award has been revised/terminated/superseded then the analysis is different

HB Anorak - 17 June 2016 12:29 PM

Sorry, I am assuming in all of this that you are talking about refusal of a new claim for UC. Is that right?  If an existing award has been revised/terminated/superseded then the analysis is different

she’d still surely be entitled to appeal, not be left in limbo!

Yes, absolutely:  it’s just that when it comes to demonstrating to the Tribunal that what has taken place is in substance an outcome decision it would need the argument to be constructed slightly differently from what I suggested above for a new claim.

Peter is absolutely right (if that isn’t a tautology…)

It’s absurd that this argument would even be attempted in this day and age. I think my response would definitely adopt the “confused nonsense” line. The hope is that this is an isolated incident…

Its looking like she was left in limbo decision was made on 23/05 to terminate claim - outcome decision made once this appeal went though to them hence realising the error - client was getting paid pending appeal seems like errors from DWP side not actually making a written decision to give appeal rights but going through all the MR process ????  , its confusing but getting there - MR to be completed for decision dated 23/05 will be winging its way to them today