Terms & Conditions

[Anonymous]

Hi
I have a claimant who requests a backdate, the local authority wrote to the claimant confirming that cannot pay backdate as benefit has already been paid for this period. The claimant then appeals against the decision, a detailed letter is issued informing them of the rates of benefit paid for the period and do they want to appeal against the rates of benefit paid or withdraw the appeal.

We do not get a reply to this so i need to prepare a submission, is the appeal out of jurisdiction? What Regulations do I quote if it is?
Thanks

[Anonymous]

I’d suggest you treat it as an appeal against the original decision awarding benefit for the relevant period.

I assume that would make it a late appeal so either late unsupported if within 13 months of the decision or out of jurisdiction if more than 13 months.
The only other option I can think of is that you submit it as out of jurisdiction as the appeal is against a decision which hasn’t actually been made and is therefore not a relevant decision under Schedule 7 of the Child Support, Pensions and Social Security Act 2000.

[Kevin D]

I would submit a “mini” submission as OOJ; pointing out that benefit had already been awarded for the period in question and, therefore, the only point at issue can be the amount of the award.

In order, I’d go with this:

1) Clmt has failed to satisfy [b:cf31a2a71d]DAR 20(1)(d)&(e)[/b:cf31a2a71d] (noting the absence of a reply from the clmt for the details). [See this in conjunction with [b:cf31a2a71d]DAR 20(7)[/b:cf31a2a71d].]

2) The clmt has not provided any details suggesting an error in the assessment of income / household / applicable amount.

3) There is no right of appeal against the rates of benefit provided by law – [b:cf31a2a71d]para 6(2)(d?) of the CSPSSA 2000[/b:cf31a2a71d].

Hope the above helps.

Regards

[Author]

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