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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

No Appeal Bundles

Bcfu
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Blackpool Centre For Unemployed

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Hi,

I normally deal with PIP appeals so I’m used to large appeal bundle documents, however I’ve got a UC HCE appeal bundle which I’ve just been asked to be the representative.

However, the client has no appeal bundle and states he never received one. I’ve emailed HMCTS and, along with adding me as the representative, has also sent me the appeal documents - this just includes a directions notice about an urgent hearing and that is it!

Is this normal?

Thanks

Adam

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

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Well there’s “normal” and then there’s “normal for UC”.

Ask a judge to direct that full appeal papers are produced by a reasonable date and then, if not, use the Procedure Rules to get UC kicked out of the case.

See https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1134569/consolidated-ftt-sec-rules.pdf.

The Procedure Rules are your friend.

Bcfu
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Blackpool Centre For Unemployed

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Thanks!

HMCTS have just confirmed that the DWP have failed to produce one (less than 2 weeks away now!).  Why am I not surprised!

Benny Fitzpatrick
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Welfare Rights Officer, Southway Housing Trust, Manchester

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Bcfu - 05 December 2023 02:07 PM

Thanks!

HMCTS have just confirmed that the DWP have failed to produce one (less than 2 weeks away now!).  Why am I not surprised!

And once you have your Tribunal decision, (appeal allowed-as recommended by DWP’s own PO) you have to refer back to HMCTS five months later for a Direction to get UC to actually implement the decision and cease taking unlawful deductions!

Jane99
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Benefits and employment advisers team, Parkinsons UK

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Some years ago this was a bit of an issue and some tribunals went ahead without papers. Depending on the case/burden of proof that can be an advantage.

Mike Hughes
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I will happily still do this when it’s an overpayment case; burden of proof on DWP and no-one has put papers together. It either mysteriously produces papers or they lose given the absence of evidence.

Jane99
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Benefits and employment advisers team, Parkinsons UK

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This was am issue a few years ago and some tribunal went ahead without any bundle from the DWP - in some cases that can be an advantage, depending on the burden of proof and/or whatever info the tribunal has.

In this one the appellant would potential be able to get set aside if an appeal went ahead and he had not got docs and had objected .... 

But really this should not be happening. obvs.

Jane99
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Benefits and employment advisers team, Parkinsons UK

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Mike Hughes - 07 December 2023 10:32 AM

I will happily still do this when it’s an overpayment case; burden of proof on DWP and no-one has put papers together. It either mysteriously produces papers or they lose given the absence of evidence.


Exactly!

Jo_Smith
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Citizens Advice Hillingdon

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Mike Hughes - 05 December 2023 11:59 AM

Well there’s “normal” and then there’s “normal for UC”.

Ask a judge to direct that full appeal papers are produced by a reasonable date and then, if not, use the Procedure Rules to get UC kicked out of the case.

See https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1134569/consolidated-ftt-sec-rules.pdf.

The Procedure Rules are your friend.

Which rule is that, please? (to get DWP kicked out)

Elliot Kent
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Shelter

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The strike out process is at rule 8. Applied to the DWP, they can be barred from participation (rule 8(7)) and thereafter issues can be summarily decided against them (rule 8(8)). It is an extreme remedy and tribunals will be reluctant to use this process in routine cases.

Jo_Smith
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Citizens Advice Hillingdon

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Ok, thanks. Also thank you for advice about the extreme measure.
I am sure HMCTS know very well about DWP’s under-resourcing, which after all is the root of the problem with bundles. But it is useful to have this option if directions notice(s) are ignored.