Appeal – Question of procedure

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  • #21455
    Neil Adamson
    Participant

    DWP make a decision regarding a LTAHAW and remove IS for extended period.

    We are provided with a copy of their evidence which is very substantial.

    We advise the claimant that an overpayment has occurred and invite a new claim.

    We receive a letter of appeal stating they are not a couple and an appeal has been made against the DWP decision and a hearing date set.

    A slight difference of opinion exists hear as to whether we should wait and see the outcome of the DWP hearing or send in our submission requesting both be heard together.

    Any view would be much appreciated.

    #5309
    markp
    Participant

    Have done second option and TTS are listing both together.

    Do I know what I'm doing? The jury's out on that........................

    #5310
    Anonymous
    Guest

    Neil, I have a case identical to yours on the go at the moment.

    TTS advise to do what markp says.

    #5311
    Neil Adamson
    Participant

    Thanks for input so far.

    So we would basically say IS withdrawn on grounds as LTAHAW, joint claim invited, claimant appeals on grounds that not a couple and we want the tribunal to say that they are for HB purposes? Does that sound right?

    Secondly – would you include a copy of the evidence obtained as part of the investigation or leave that to the DWP to include in theirs?

    #5312
    mthorne
    Participant

    I too have had one very similar in the past few days. We suspened the claim and asked for details of both partners income etc with a view to superceeding the claim. Needless to say claimant denied the presence of the partner.

    Intitally I thoguth of waiting untill the DWP dispute had been resolved, and then due to advice in another thread was going to submit my own submission to TTS.

    However, due to the evidence we had, it turned out that we did not actually agree with the ltahaw decsion, do we have decided to award benefit with her as a single person, but made it quite clear to her and the rep that the DWP will amke their own mind up and the decsion may well be different!!!!

    #5313
    Trevor Kenward
    Participant

    Would the case for HB not be that the clmt is LTHAW but that a passported benefit had ended and that the claimant had not reclaimed.
    Surely at the very least she would have to submit details of her revised income even if on nil income as presumably she still wishes to claim as she maintains she has had no material change in her circs.
    Dont see how a HB Tribunal heard on grounds of whether HB overpaid can adjudicate a DWP decision.
    Surlely they can only decide, has an overpayment occurred (and due to a passpported benefit ending and no offset details presumably it has)
    and whether such an overpayment is therefore recoverable and from whom?

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