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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Court v tribunal

LucyLoo
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Welfare Rights Unit Cornwall

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Total Posts: 1

Joined: 13 June 2011

Hi

I know this has come up before - but I couldn’t find what I was looking for when I searched.

A client has come to me for help with an overpayment appeal - but he has already been to court and been found guilty.

What jurisdiction does the tribunal have in these circumstances?  Can it reduce the amount of the overpayment?

Thanks

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Kevin D
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Independent HB/CTB administrator, consultant & trainer (Essex)

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Total Posts: 474

Joined: 16 June 2010

This earlier thread (which also contains a link to another relevant thread) may be of interest:
http://www.rightsnet.org.uk/forums/viewthread/241

The Tribunal absolutely has jurisdiction - even to the extent of finding completely differently to the outcome of the Criminal proceedings.  In addition to the threads referred to, also see R(S) 10/79 & R(S) 2/80 where it was confirmed that a conviction is not necessarily binding on a later Tribunal.

NB:  I can’t upload R(S) 10/79 because the file type (“tif”) isn’t supported.

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