late appeal – daft question

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  • #38569
    david kearney
    Participant

    Afternoon

    Forgive the daft question but if I get an outwith 13 month appeal, do I need to do any kind of submission or can i get away with just an AT37? (in my defence, my only appeals officer has been made redundant!)

    Cheers

    #108824
    Kay_Tade
    Participant

    [quote=david kearney](in my defence, my only appeals officer has been made redundant!)[/quote]

    😀 Sign of the times.

    I think, if it’s just a straightforward appeal, I would not write a full sub, till otherwise directed, just inform TTS it’s alte and leave it to them. Saying that, nothing can be taken for granted these days so 1 eye on a full sub. 🙁

    #108854
    Nicky
    Participant

    Redundant appeals officers? Let’s hope that doesn’t start a trend.

    You need to provide a response to the appeal (after first making sure that the decision you made did not arise from any offial error).

    A short one summarising the basic facts (decision, appeal, check for official error) and the relevant legislation (reg 19 of the HB and CTB Decisions and Appeals Regs along with rule 23 of the Tribunal Procedure (First Tier Tribunal) (Social Entitlement Chamber) Rules 2008) and your submission stating that the appeal has been made outside the absolute time limit should suffice.

    Oh, and repeat your reasoning as to why the appeal cannot be admitted in the comments box on the AT37.

    Then sit back and wait for TS to let it in anyway.

    #108857
    Kay_Tade
    Participant

    [quote=Nicky]Then sit back and wait for TS to let it in anyway.[/quote] :bigsmile: 😀 had to pick myself off the floor for that one.

    #108866
    david kearney
    Participant

    Thanks all. Will do as suggested. We’ve had every single under 13 month appeal admitted in the past, but i don’t think theyve been admitting the over 13 months. We shall see.

    (Edited as i’m a slave to the man, and ive still got a job!)

    #108900
    Anonymous
    Guest

    TAS will admit any appeal under 13 months automatically unless you formally object when you send the submission. However, they will still probably admit it even if you do object. I had an appeal where the claimant submitted his letter of appeal one week short of 13 months, he gave no reasons for lateness or to support his appeal other than he disagreed with the decision, he had called several times over the 12 months and been advised that he needed to appeal in writing and had not done so, I objected to it being admitted for those reasons yet TAS still admitted the appeal.

    #108901
    Kay_Tade
    Participant

    [quote=apemonkey]…..I objected to it being admitted for those reasons yet TAS still admitted the appeal.[/quote]

    Not surprising, but as an aside, with the amount of appeals outstanding and with the backlog growing you would have assumed a common sense approach would prevail. Without a meaningful reason for a late appeal, albeit within the absolute time limt, I would have thought a refusal would be apt. Unless we are talking extremes, breach of natural justice or cases that may become precedents….

    #108906
    david kearney
    Participant

    No objections to the customer being given every opportunity to get their day in court, but you do wonder what the point of the time limit is. Given the ever increasing tribunal delays, you’d think some management bod would have identified this as a way of reducing the burden by now.

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