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Forum Home  →  Discussion  →  Covid-19 issues  →  Thread

LCWRA Appeal - COVID-19 issues

Bcfu
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Blackpool Centre For Unemployed

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Total Posts: 140

Joined: 9 July 2020

Hi

Hoping someone can help.

I posted this a couple of months ago and recieved helpful responses which we then made a MR (https://www.rightsnet.org.uk/forums/viewthread/16969/).

After several months, we received this reply which states that we are unable to put in an MR as we are out of the 13-month deadline giving a date in 2019 as the appealable decision. However, myself and the client were unaware that she would not receive the back-pay until September 2020 and put a MR decision in (which they lost!!) within the month and then again in February 2021 when they accepted that it was lost.

It says we cannot appeal the decision but would be grateful for any advice you can give me.

Thanks

Adam

[ Edited: 24 May 2021 at 09:57 am by Bcfu ]

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Elliot Kent
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Shelter

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Joined: 14 July 2014

The way I understand it, you are trying to challenge the 2020 decision insofar as you can argue that the effective date could be brought forward by using a more favourable supersession ground. That challenge was inside the absolute time limit.

The DM seems to think you are challenging the 2019 decision which, if that is the case, was outside the absolute time limit.

I suspect, frustrating as it is, that the simplest way to resolve this is to write back to them clarifying your intentions and requesting that the MR on the 2020 decision be considered.

P.s. You need to change the file name.

Bcfu
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Blackpool Centre For Unemployed

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Hi Elliot,

Thanks for this.

I’ll reply back to them and see what happens. Also thanks re. Attachment name, that has now been changed

Adam

Greg
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Maggie's Centre Glasgow

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Bcfu - 24 May 2021 09:58 AM

Hi Elliot,

Thanks for this.

I’ll reply back to them and see what happens. Also thanks re. Attachment name, that has now been changed

Adam

I’d lodge an appeal with HMCTS as soon as possible and make your position clear to them instead. Don’t wait for DWP to get their knickers in even more of a twist. If you’re right, there’s already an arguable right to appeal irrespective of DWP’s opinion on the matter and you don’t want to miss that deadline as well. An appeal is quite likely the quickest route to success anyway.

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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Does anyone worry about anything other than the 13 month brick wall for appeals nowadays? On the rare occasions I’m involved in a late appeal they are all admitted without fail.