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Overpayment/Appeal

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  • July 25, 2006 at 8:32 am #22492
    Anonymous
    Guest

    Overpayment created June 2002 due to IS ceasing as IS fraud case deemed living together as husband and wife. HB/CTB claim terminated and underlying entitlement applied including partners wages which nil qualified.

    Clmt appealed to both HB and IS in October 2002 and states that partner has never lived with her. IS decision upheld. HB never referred for appeal.

    Recovery process identified this case again and claimant vehement that partner not in property.

    Appeal request dated October 2002 from solicitors states that we cannot use the results of the IS as we have made no investigations of our own. Obviously this case is now 4 years old and should have been sent for appeal back in Oct 02 but wasn’t.

    Question is can we use the IS decision makers case for HB/CTB without doing another investigation and include partners wages based on the outcome of the IS investigation.

    Thanks

    July 25, 2006 at 9:04 am #8276
    Kevin D
    Participant

    Solicitor is wrong.

    It is not so much the outcome that counts, it is the EVIDENCE and INFORMATION in the DWP case that will be relevant and which you can most certainly rely on. It will be for a Tribunal to determine the weight that should be given to the evidence. You’ll need to get copies of all the DWP paperwork, plus copies of the Tribunal’s decision and, if issued, the statement of reasons.

    However, there is one potentially major problem with the LA case – the delay may mean Article 6 of the HRA has been breached. You may have been ok with a few months, but 4 years?

    Also, you mention an appeal “…from solicitors….”. Is the appeal signed by the clmt? An appeal MUST be signed by the clmt. At a push, it may be ok if the appeal itself was accompanied by a signed authorisation (dated at the time of the appeal), but a “general” authority to act is not sufficient.

    Regards

    July 25, 2006 at 9:18 am #8277
    Anonymous
    Guest

    Appeal was sent via the solicitor but was signed by the claimant at the time.

    What do you reckon the chances are of me getting copies of the IS case and appeal are?

    July 25, 2006 at 9:25 am #8278
    Kevin D
    Participant

    Roughly speaking, in a range between infinitesimal and zero. 🙂

    Regards

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