Terms & Conditions

[Karen]

I have an appeal case regarding an undeclared private pension and 2nd bank account.

the appellant is stating that they didn’t declare the income to the person that completed the forms (at one point they say it was their sister and at other times they say it was by the area office) and that this was their mistake, but they are also saying that they brought up the paymaster slip and bank account to the area office counter because we requested it.

we have used the ‘how would we know to request them if we didn’t know about them’ argument, but they are stating that they did bring them up and that the girls on the counter didn’t run thru all questions…..and promptly lost the accounts. They are also stating that they ‘think’ they sent a letter advising of private pension – but they can’t remember as they didn’t follow it up.

So, my real question to you all is – can anyone give me any Commissioners Decisions that I can counter the recent one with (that CH/2935/2005 – that allowed the appeal because it couldn’t prove that the VO read back all questions). CAB will be representing them and I am sure they will try and use CD 2935/05

any help greatly appreciated as usual 😆

thanks

[Anonymous]

You could try CH/1997/2003, where the claimant said the Council had filled in his forms for him and photocopied his documents on the counter and had, by an incredible coincidence, each year for six years accidentally left the same income items blank and accidentally lost the items of proof that supported them. The Commissioner’s considered finding of fact was that the other one had bells on.

With these cases there isn’t really a crucial point of law that it turns on – it’s all about the key facts in an individual case. Who was more at fault, who stands up as a credible witness and so on.

[Stalbansbenefits]

CH 69/2003
CH 2794/2004
Saker v SOS for Social Security (1988)

Just a thought – if your forms are completed by a third party, do you not ask on the form who completed it and why?

[Karen]

thanks folks – will go and look them up

and Stalbansbenefits – our forms do have a bit to be completed by the 3rd party, but they were never completed – I have the feeling that this clmt never brought the claim to be completed at the area offices – just by her sister –

will just have to build a good case

[Author]

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