Appealed then prosecuted?

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  • #22185
    Neil Adamson
    Participant

    I know what you are probably going to say but there is always hope!

    Fraud investigation for living together results in a large OP.

    Claimait makes an appeal of sorts which takes for ever to get to the point we can send it off to TAS.

    Whilst this is happening the claimant is prosecuted for the offence and pleads guilty.

    I have been unable to get them to withdraw the appeal (they just dont answer letters)

    Full submission?

    #7026
    aosulliv
    Participant

    Only one word for it – YEP

    #7027
    Neil Adamson
    Participant

    That’s the one word I expected.

    What a waste of time.

    They appealed on the grounds he was living elsewhere but in court pleaded guilty to the whole thing.

    Short odds that they don’t return the form to TAS!

    #7028
    Kevin D
    Participant

    Howabout compiling the briefest of submissions? If the clmt subsequently pursues it to TAS, you can always send a supplementary submission with more detailed arguments.

    Section 7 suggestion: Evidence obtained by the LA’s (& others if appropriate), following enquiries, showed the clmt was living at xxxx. The clmt’s appeal to the Tribunal disputes this; however, in court (quote the case), the clmt openly admitted he was in fact living at xxxx and pleaded guilty to (offence(s)) on that basis.

    #7029
    Neil Adamson
    Participant

    Sounds good to me.

    It was a farce to start with to be honest.

    Joint investigation. IS is withdrawn as LTAHAW. HB OP identified.

    Claimant does not appeal the DWP decision just ours!

    #7030
    aosulliv
    Participant

    Sounds like an easy submission then.

    I would do it on the basis that I/S withdrawn and no underlying entitlement as known to have to much income!

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