Reply To: The end of IS/JSA(IB), termination and adverse inference.

#9868
Anonymous
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The Schedule to the D&A Regs doesn’t give a rigbht of appeal against anything – it is there to take away a right of appeal against certain decisions.

The Schedule says that it is taking away a right of appeal against suspension/reinstatement, but not against termination. So far so good.

The problem is, DWP take the view (and I have to say I think they are right) that termination does not have a right of appeal to kick off with, so it doesn’t really matter what the Schedule to the Regs says about it. This is because termination is not a “relevant decision” as defined in para 1 of Schedule 7 to the CSP&SS Act 2000. There is only a right of appeal against “relevant decisions” and overpayment “determinations” by virtue of para 6(3) & (6) of the Schedule.

The only way round this, so far as I can see, is to “read up” Schedule 7.6(3) in accordance with s3 of the Human Rights Act, and give “relevant decision” as used in that subparagraph a meaning that allows the claimant a right of appeal as required by Article 6 of the Convention. I think it needs a Commissioner or Court to give the go-ahead for that as such an interpretation of the Schedule is in my view highly forced and artificial.

I don’t say I think this is how things should be – just that I think this is how they are