How many times can you appeal?

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  • #31617
    jowalraven
    Participant

    I have an appeal that was made outside the absolute time limit of 13 months. The Tribunals Service have confirmed this. However, they have advised the appellent’s rep that this does not mean that the appellant can’t “apply again for her appeal” with the Council.

    Has anyone come across this? Does this mean that a second appeal can be made passed again as late to the Tribunals Service?

    #88385
    Anonymous
    Guest

    I would assume they are suggesting that the claimant reclaims benefit, then appeals against the subsequent refusal. There would be no limit to the number of times they could do this.

    If you receive multiple appeals against the same decision you would have to deal with each of them, but they’d all be late and you could use the same submission for each one. If the claimant really bombards you with repeat appeals I would suggest stockpiling them and sending them off in batches…

    #88386
    jowalraven
    Participant

    Sorry, I really should have made myself clearer with what the decision was:

    A decision was made in July 07 that the claimant had been overpaid IS/HB/CTB following a LTAHAW investigation (DWP and authority joint working). The claimant did not appeal at the time.

    Separate to this, the claimant was prosecuted and found guilty. However, the claimant’s solicitor has now said to us that the overpayment amounts were wrong. This was because an agreement was reached between the claimant, her solicitor and the DWP solicitors as to the LTAHAW effective date and as a result, the indictment was redrafted changing the amounts of overpaid benefit.

    The claimant’s solicitor now wants the overpayment amounts to be reduced in line with the indictment. The DWP have not revised their IS end date or overpayment and we have passed the appeal as a late one to the TS who have confirmed it cannot be admitted.

    So I’m really unsure as to what to do if a fresh appeal is now made?

    #88387
    Anonymous
    Guest

    I dont see how the indictment could be changed without the IS end date being revised. Its a contradiction in terms

    #88388
    Anonymous
    Guest

    I think they are saying that you’ve been overpaid from this date, but you’re only guilty of an offence from this date. The only dates that could be ‘negotiated’ are the dates of the offence. Unless IS is reinstated I would leave things as they are.

    #88389
    Kevin D
    Participant

    Michael has nailed it.

    #88390
    jowalraven
    Participant

    I’ve just rang the Tribunals Service to find out why the customer’s rep was advised (on a compliments slip) that the customer could “apply again to appeal”.

    They’re not too sure why this advice was given and suggested we write to them with the new appeal and include the compliments slip.

    Thanks to everyone for your advice.

    #88391
    Anonymous
    Guest

    I know the burden of proof is different on the criminal side of things, but if the offence was under S111A, the resulting IS overpayments will be recoverable on grounds of misrepresentation or failure to disclose a change in circumstances.

    It seems to me that it is highly unlikely that there could have been any innocent misrepresentation at a earlier stage in this particular case.

    I know there is a general discretion as to whether or not to recover, but I dont think this is a case for the exercise of that discretion, given that the indictment was amended.

    #88392
    peterdelamothe
    Keymaster

    Isn’t this a case where the “statement of reasons” issue is relevant?

    #88393
    Anonymous
    Guest

    This is one where its not that easy if it rests on the IS end date.

    You could get the HB case re-opened by requesting an SOR and then appealing within 14 days, and if you can then show at appeal that the IS end date was amended you are home and dry

    If on the other hand the IS end date has not been amended, you cannot use the same tactics with the DWP as there is a time limit of one month to request the SOR [Reg 28(1)(B) Social Security and Child Support (D&A) Regs 1999 as amended]

    The tribunal could issue a direction to the secretary of state to explain himself though.

    #88394
    Anonymous
    Guest

    If you could use the SOR loophole to get the case for HB admitted to TAS then even if the I/S still ended from the earlier date the LA would have to prove the LTAHW case for that period as otherwise it would be a nil income lone parent case and so there would be no overpayment even though not an I/S claim. The LA presumably does not have the greatest evidence for the earlier period as the DWP have allowed the claimant to plea bargain the earlier period down. Although the standard of proof is obviously lower for TAS than for a criminal case.

    #88395
    Anonymous
    Guest

    Can the SOR loophole apply when the appeal has already been heard? the authority’s decision has now been replaced by the tribunal’s decision. The only SOR on offer is the one from the tribunal. I’m not sure how that will help them, unless they want to appeal to the upper tribunal…

    #88396
    Anonymous
    Guest

    I am not sure about this, but I think it is possible that as the Tribunal have not made a substantive decision on the case ie/ they have neither confirmed or overturned the LA’s Decision they have simply ruled that the letter of appeal arrived 13 months after the decision. Therefore the LA’s decision on entitlement has not been before the Tribunal and still stands as the valid decision as far as I can tell and so a SOR could be requested unless one has already been issued. I am not sure about this but would like to know myself.

    #88397
    Anonymous
    Guest

    You’re probably right – I had second thoughts as soon as I hit submit…

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