appeal – do I have to submit or ask for directions

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  • #23037

    Just need a bit of advice

    I have received an overpapyment appeal and the appellant has asked for full dislosure – her representative insists that we produce all the documents upon which we have based our decision.

    the problem is that we are prosecuting the appellant for the same overpayment , and luckily the fraud team were on the case pretty quickly and she attends court today for the first hearing.

    the fraud team have already responded to the rep and insist that because the claimant is being prosecuted they will not disclose anything prior to the court case.

    Do I submit, which would mean claimant has all the info or ask the chairman if I can hold off pending prosecution outcome.

    Hoping for any suggestions


    I don’t think you can avoid submitting the appeal.

    TS may then decide to hold on until the prosecution case is finished but that is for them to decide.

    If the claimant has already attended court then they must have received a summons with all the evidence against them in any case.


    Try writing a polite letter to the Regional Chair explaining the circumstances.

    Generally works


    I’ve had a few of these cases, and have always issued a submission with the majority of facts. I indicate to the TS that there is a prosecution pending – but they have still been heard.

    luckly I won both appeal – I don’t know what would happen to the prosecution case if the appeal was won by the clmt

    but if the clmt is going to court, I agree that they should have already seen the evidence against them.

    I think it all depends on the Regional Chair as to whether they will hold the hearing until after the prosecution case


    The District Chair here is very clear – the appeal and the court case are totally different beasts and a submission must be made. It is within their gift then to decide how to deal with the appeal!!

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