[quote:4ce28bc9b6]All circulars and guidance notes are very clear as to the fact that we can terminate once a claim has been suspended for a month and that the claimant has no right of appeal against the decision to terminate,[/quote:4ce28bc9b6]
Circulars and guidance don’t matter. Only the law matters. The legal postion is quite clear. If you accept that “opaque” became the new “clear”. 🙂 I’ve lifted a quote from a recent post which more or less sums up the current position:
[quote:4ce28bc9b6]Regarding rights of appeal etc against termination under DAR 14, the DARs indicate there is a right of appeal, BUT, the CSPSSA suggests otherwise. As an Act trumps a regulation, that is what counts. So, er, that’s it then? Well, no. There is an increasingly wide view that any challenge under the HRA (Article 6) would be completely successful. Indeed, informally, Cmmr Jacobs has indicated that he cannot see how such a challenge would fail. But, until it is considered as a relevant issue in a case actually before a Cmmr, the arguments shall continue.
As an aside, in my experience, more LAs than not are accepting appeals against terminations (accepting that the HRA argument is correct). [/quote:4ce28bc9b6]