Terms & Conditions

[Anonymous]

I’ve got a case which was investigated by our Fraud team as a living together. It’s a very strong case, but the claimant wrote to appeal the decision. She didn’t state any grounds for appeal, just that hse wants to appeal ‘to a tribunal’.

I wrote to her, asking for her to state her grounds for appeal and provide supporting evidence (relating to her partner, income, proof that he lived elsewhere if relevant, etc). However, she’s now replied saying that she can’t provide the info within 14 days and would rather her appeal be submitted and she will provide the information at the appeal hearing.

Presumably she can’t do this, and needs to provide the info prior to me submitting? Otherwise, how can I compile an accurate submission for the tribunal?! I do recall at a hearing a few years back a claimant getting told off by a tribunal for turning up with additional info when they said she should have provided it beforehand, but what would be the correct procedure in this case?

If I write again saying she must provide the info prior to me submitting, if she still persists should I submit as not duly made? If her appeal is admitted and she’s allowed to turn up on the day with a wad of papers it’ll be a nightmare!

Thanks!

[Anonymous]

This happened to me at a hearing and I asked for an adjournment which was granted by the Chairman

[Anonymous]

Sorry, but would you mind elaborating please. Did you submit it as duly made but ask for it to be ajourned until a later date and the appellant was given until a specific date to provide the info? Or did you do a short submission to TTS asking for an ajournment on the full submission until the appellant has been able to provide all the info and docs and a full submission could be complied?

I’d rather write to her and tell her she needs to provide the info and grounds for appeal by a certain date or her appeal will be submitted as not duly made, though that’ll affect our stats (it already within 7 days of being 28 days), but would rather follow the correct procedure.

[Kevin D]

Howabout this….

DAR 20(1)(d) requires that an appeal [u:5f17ddbd5c]must[/u:5f17ddbd5c] “[b:5f17ddbd5c]…contain particulars of the grounds on which it is made[/b:5f17ddbd5c]”.

I’d write to the clmt (nicely; because you can afford to) explaining this requirement AND pointing out that if she fails to comply with the regs you will ask the Tribunal to strike out the appeal as “not duly made”.

If the clmt fails to respond (or still refuses to comply with DAR 20), send a short submission to TTS, explain the clmt refuses to comply with DAR 20(1)(d) and ask for:

1) a strike out, or

in the alternative (if the Tribunal admit the appeal)

2) the Tribunal to DIRECT the clmt to provide ALL grounds / evidence etc.

Hope this helps.

[Anonymous]

Ah, ok. Thanks Kevin. That sounds a good idea. I did write to her before, after receiving her very short letter of appeal a few weeks ago. I gave her a full explanation of the decision, why it could not be revised, etc. I told her that for her appeal to be duly made she needed to state her grounds for appeal and provide the info listed in my letter within 14 days, or her appeal will be submitted as a not duly made.

I’ll be sort of repeating myself if I write again (and will be outside having processed it within 28 days), but I think that a tribunal will be more satisfied if I have explained to her why she needs to provide the info prior to submitting, and are perhaps less likely to admit it if she’s still failed to comply.

[Author]

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