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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

Retrospective verification - any succesful challenges?

Mr Finch
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Benefits adviser - Isle of Wight CAB

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I don’t want to bump the thread as it’s four pages and hasn’t been updated for a long time:

https://www.rightsnet.org.uk/forums/viewthread/17067/

The consensus was that UC’s approach was entirely misconceived.

Did anyone ever succesfully challenge a case?

A Stavert
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Welfare benefits officer - Scottish Borders Council, Scotland

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I only had one challenge and that was successful (see posts #69 and #73 in the old thread).

Following that DWP obtained a SOR, which confirmed that the tribunal’s decision was based on the legal issues I had pointed out in my submission.

DWP did not appeal to the UT. 
They did not pay the arrears now due following the Tribunal decision. 
They did not advise debt management that there was no overpayment. 
They did not answer any of my further queries. 

I eventually had to get the MP involved to get it all resolved.

Helen Rogers
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Welfare rights officer - Stockport MBC

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I have a reverification case which has been taken up by CPAG’s test cases team.
I expect they will report when case(s) are concluded.

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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My client was the Respondent in SSWP v SV [2023] UKUT 279 (AAC)

It was a retrospective UC verification case.  My client won her FtT appeal but the decision was set aside by Upper Tribunal Judge Jacobs and remitted to another FtT

The case was heard this morning and the appeal was allowed

[ Edited: 1 May 2024 at 12:23 pm by Stainsby ]
Dan Manville
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Greater Manchester Law Centre

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I haven’t lost one yet. No grounds to revise across the board.

Toya
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Citizens Advice in North & West Kent

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I have a hearing in a couple of weeks. I welcome any suggestions!

Benny Fitzpatrick
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Welfare Rights Officer, Southway Housing Trust, Manchester

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A Stavert - 01 May 2024 10:24 AM

I only had one challenge and that was successful (see posts #69 and #73 in the old thread).

Following that DWP obtained a SOR, which confirmed that the tribunal’s decision was based on the legal issues I had pointed out in my submission.

DWP did not appeal to the UT. 
They did not pay the arrears now due following the Tribunal decision. 
They did not advise debt management that there was no overpayment. 
They did not answer any of my further queries. 

I eventually had to get the MP involved to get it all resolved.

UC are not good at implementing Tribunal Decisions. I have similarly recently had to resort to the MP when unlawful deductions were still being taken, six months after the Tribunal hearing at which the DWP’s own PO conceded that they were unlawful.

Interestingly, neither the MP or myself have received an explanation for the failure to implement, which we both requested.