Submission problem

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    I have an appeal over a LTAHAW case. Clt was on I/S for the overpayment period but DWP have now decided that the had an undisclosed partner whose income would have wiped out her I/S entitlement.

    I now have an appeal in which the clt has ‘fessed up to living with him for part of the OP period but says she wasn’t prior to that.

    My problem is that all the evidence is held by the DWP who have now sent all the papers to their solicitors as they are going to prosecute. I have been given a list of what evidence they have and, from what I can see from this schedule, the evidence is pretty compelling.

    The next stage is Tribunal and I’m stumped as to what I can do about the evidence. The DWP solicitors seem to be saying they will keep the evidence until court papers are served on my claimant.

    What do I do next? Do I ask the Tribunal to direct the DWP to produce the evidence?


    Are they appealling the DWP decision as well? If so you could link the appeals and get the info from their appeals team. Ask the DWP solicitors to fax over copies of the evidence to you? or failing that ask the judge to issue a direction for them to produce the evidence. Really if you have made a decision on entitlement and LTAHW you should have all the evidence already or how did your decision makers reach a decision (I know this doesn’t always happen in practice though)

    Kevin D

    [quote:cbbc917b04=”MartinW”]What do I do next? Do I ask the Tribunal to direct the DWP to produce the evidence?[/quote:cbbc917b04]

    Yes. This is a classic case where a CD critical of a LA actually works in favour of…the LA :). Take a look at [b:cbbc917b04]CH/3240/2007[/b:cbbc917b04] (paras 16-20 in particular).

    Further, point out that the DWP will in any case be duty bound to provide FULL disclosure in criminal proceedings. I believe the relevant case for the criminal side is [b:cbbc917b04]R v H and C [2004] 2 AC 134, at 147[/b:cbbc917b04] – House of Lords judgement.

    I would cite and include both cases in the request for a Direction. Your legal department should be able to find the HL judgement. {Edited to add} This case is cited in the “Protocol for the control and management of unused material in the crown court” as found on the Ministry of Justice website.

    There is no excuse for the DWP (or LAs) failing to provide evidence – irrespective of whether criminal proceedings are imminent or even under way.


    Thanks guys.

    It’s just so damned annoying that DWP don’t copy evidence before sending it to their solicitors.


    Maybe they don’t accept photocopies 😆

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