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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

HMCTS appeal for Overpayment of DLA Vrs. Sheriff Court Fraud proceedings?

JP 007
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Welfare rights - Dundee City Council

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Total Posts: 97

Joined: 2 February 2012

I have a long running adult DLA appeal, double cases one for disallowance and one for overpayment. Which also has a Sheriff Court fraud case ongoing. She originally pled guilty to fraud case but was allowed to change her plea to not guilty and we lodged an appeal to HMCTS. This appeal was heard and refused but on request to UT it was sent back to a new FTT, this has been adjourned three times now (the last time to allow husband to become appointee).
In October 2020 she was called back to Sheriff Court and under Covid restrictions she appeared before Sheriff alone without the support of her husband and with a new solicitor whom she had never met before. She was found guilty, giver 230hrs community service and had to wear a tag for home restriction order.
Question is should the Fraud proceedings been further postponed pending outcome of HMCTS tribunal? The PO at the latest adjournment (after the Sheriff court date) was directed to obtain the fraud findings and a new date has been set. I suspect the Tribunal will make their decision based on her being found guilty. I have told them to speak to their solicitor regarding the Sheriff court proceedings going ahead in October last.

Elliot Kent
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Shelter

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There is a long-running argument about whether the benefit appeal or criminal proceedings should go first. Ultimately neither tribunal has any power over the other so there is no conclusive way for it to be resolved other than both using their case management powers. Either way round is potentially acceptable. The Court of Appeal in Mote v SSWP [2007] EWCA Civ 1324 rejected an appeal in the reverse of your situation. It was basically a case management decision as to how to proceed.

In relation to the question of what the Tribunal should do with the fraud findings, see AM v SSWP [2013] UKUT 94 (AAC). Broadly, there is no rule of law that the Tribunal must adopt them but weight can be given to them. Remember that the questions raised by the fraud case are not necessarily the same as the questions raised by the overpayment case.

JP 007
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Welfare rights - Dundee City Council

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Total Posts: 97

Joined: 2 February 2012

Thank you for swift response Elliot but for my slow wits could you elaborate on;
Remember that the questions raised by the fraud case are not necessarily the same as the questions raised by the overpayment case.
I will check your caselaw thanks.