Living Together Appeal Submission

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 6 posts - 1 through 6 (of 6 total)
  • Author
    Posts
  • #37895
    Anonymous
    Guest

    Hi,

    I have an appeal against a living together HB decision that arose as a result of a joint DWP/LA investigation.

    Does anyone have a good submission template for this type of case and would you be good enough to email it to me?

    Also can anyone give advice on the common pitfalls when taking these cases to Tribunal? The claimant has been referred to the procurator fiscal as well and I don’t want to jeopardise their case by putting in a weak submission.

    First living together appeal for me.

    Thanks in advance. 🙂

    #106626
    Kevin D
    Participant

    Typical pitfalls far from exhaustive:

    – assuming LT simply because the alleged partner can’t, or won’t, give an alternative address.
    – failing to properly consider the evidence taken into account when considering LT.
    – terminating benefit on the sole grounds of LT (this is unlawful).
    – terminating on the sole grounds that a passporting benefit has ceased (also unlawful).
    – failing to determine whether there is/was entitlement even with a partner LT.
    – failing to undertake diminution of cap (if cap is an issue).
    – failing to properly supersede / revise earlier awarding decisions.
    – failing to lawfully notify all persons affected, whether properly or at all.
    – failing to produce ALL relevant info / evidence before a Tribunal.
    – deliberately withholding info / evidence on the grounds that criminal proceedings are not complete.
    – deliberately trying to delay Tribunal hearings before any Criminal proceedings have been completed.
    – where criminal proceedings have been completed and the appellant found guilty, arguing there are no grounds for appeal.

    On the latter point, it is not unknown for a Tribunal to find differently to the outcome of the criminal proceedings (because criminal courts are not familiar with the relevance of benefits law) or, more commonly, for a Tribunal to find the level of any alleged overpayment to have been wrongly calculated (this can directly affect sentencing).

    All of the above observations are based on first hand experience on both sides of the fence (i.e. LAs and claimants).

    #106641
    david kearney
    Participant

    What we really need Mr Duckworth, is one of your high quality submissions, suitably redacted, posting in the library to show us where we’re all going wrong :bigsmile: Especially so as you’re going…going… gone, when are you abandoning this sinking ship of ours?

    #106646
    Kevin D
    Participant

    I like the new name attributed to me – it provides a degree of plausible deniability :).

    There was a time when I was happy to share specific info / documentation etc. Unfortunately, as was probably inevitable, some of my work was being adopted by a small number of reprobates as their own and there are at least two occasions I’m aware of where such reprobates got work I would otherwise have got on the back of, yep, my work. So, I stopped giving away my work (at least for the most part).

    If by “sinking ship” you mean working in benefits, I have long since stopped doing anything other than the occasional piece of ad-hoc work (personal reasons). If by “sinking ship” you mean hbinfo (I’m sure Peter and Ghita will be ecstatic to hear that description), it won’t be long before I disappear. Is that a collective “hurrah; can you hurry up” I hear? 🙂

    PS: I have never described my own submissions as “high quality”. But I happily accept the compliment, whether justified or otherwise J).

    #106651
    Anonymous
    Guest

    Thanks for your very useful list of common errors…it’ll definitely help me make sure all the bases are covered. Only problem I seem to have is that I don’t have a some of the evidence DWP used to make their decision for IS, therein lies my problem.

    BTW how dishonest is it that someone would pass another persons work off as their own!! Not very nice at all.

    #106654
    Kevin D
    Participant

    [quote=flynnp] Only problem I seem to have is that I don’t have a some of the evidence DWP used to make their decision for IS, therein lies my problem. [/quote]

    I’d suggest asking the DWP for it (and explaining why it is needed) – cite HBR 112. Note that, barring specified exceptions, although a LA is normally required to use DWP evidence without verifying it’s accuracy (see reg 2 of the Social Security (Claims and Information) Regulations 2007), that is not the same as being bound by a DECISION made by the DWP using that evidence.

    Bear in mind that a LA should not be simply following the DWP – a separate and independently reached decision is needed. Also, is the clmt appealing against the DWP benefit decision on broadly the same grounds? If so, it would be better to have both appeals heard together. If the DWP refuses to provide the evidence it holds, it may be worth considering asking the Tribunal to issue a Direction to the DWP to provide it.

Viewing 6 posts - 1 through 6 (of 6 total)
  • You must be logged in to reply to this topic.