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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Lapsing appeals mess

Elliot Kent
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I thought folks might appreciate the attached, which was shown to me by a colleague who is not a benefits specialist but is supporting someone through an appeal.

The DWP have written to the tribunal less than a week before a hearing stating, in terms, that they want to make some concessions but they aren’t going to tell the tribunal what those concessions are, they haven’t told the appellant what they are or established whether she is happy with them and they haven’t revised the decision to reflect whatever it is that they want to concede.

Obviously they also did not send a presenting officer, so nobody was any the wiser at the hearing and the tribunal has had to adjourn with directions which basically read “???”.

And in doing so they are apparently complying with “best practice”.

[ Edited: 1 Mar 2023 at 12:20 pm by Elliot Kent ]

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Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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We live in a lapsarian world now….nothing makes sense anymore.

Andyp5 Citizens Advice Bridport & District
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Paul_Treloar_AgeUK - 01 March 2023 12:33 PM

We live in a lapsarian world now….nothing makes sense anymore.

That’s scarily profound Paul. Because it sums up the state of our public services i.e. the damage inflicted, the NHS rightfully holds the headlines but the DWP’s imposed decline has been steep too.!!!!!!!!!!!

HB Anorak
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To be fair, this could be an attempt to be helpful and efficient, although it would have worked better if a PO had shown up.  I’ve done this myself when representing LAs in Tribunals.  You say something like this:

Having read the appellant’s submissions I can see that they are right up to a point, and so I am happy to concede the appeal to that limited extent.  This has not yet been enshrined in a revised decision, because the claimant is already brassed off by the delays getting to this stage and I can just imagine how s/he would have felt if we had lapsed the appeal and told him/her to start all over again.  i thought the best way to handle this was to let the appeal go ahead, but announce this partial concession so we can now go ahead with a hearing that is focussed on the remaining points of disagreement.”

As an example, it’s often a supported accommodation appeal where the Council is prepared to increase the eligible rent, but not pay it in full

Elliot Kent
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Yes of course, but it is surely necessary to identify what it is that you are conceding. If there was a further paragraph which said “we think 1b, 4b, 5b and 6b apply so we say qualifies for SRDL but no more than that”, then that would be perfectly fine.