Author Topic: UK judges rule DWP wrong to deny appeals over refused benefits  (Read 298 times)

lankou

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The DWP won't like this:-

More at links:-

https://www.theguardian.com/society/2017/aug/04/uk-judges-rule-dwp-wrong-to-deny-appeals-over-refused-benefits

The Department for Work and Pensions has been unlawfully stopping people going to tribunal to appeal against decisions to refuse them benefits, three senior judges have ruled.

The upper tribunal found it was wrong for the DWP to refuse claimants the right to appeal if they took more than a month to ask for a review of the benefit decision.

It comes just a week after a supreme court finding that the government was unlawfully charging fees of up to Ł1,200 for access to employment tribunals




https://assets.publishing.service.gov.uk/media/5983352ce5274a1704000066/CE_0766_2016-00.pdf

IN THE UPPER TRIBUNAL JR/3861/2016




ADMINISTRATIVE APPEALS CHAMBER CE/766/2016




Before: Mr Justice Charles




Upper Tribunal Judge Wikeley




Upper Tribunal Judge Wright




DECISIONS







JR/3861/2016




In the judicial review by CJ:




1. It is DECLARED that on the proper construction of section 12 of the




Social Security Act 1998 and the Social Security and Child Support




(Decisions and Appeals) Regulations 1999 (the 1999 Regulations)




that a claimant, from whom the Secretary of State receives a




revision application under Regulation 3ZA(2) of the 1999




Regulations, and to whom the Secretary of State responds by




stating that the application is late and does not meet the criteria




for extending time under the 1999 Regulations, has a statutory




right of appeal to the First-tier Tribunal against the decision of




which revision had been sought.




2. The Respondent shall pay the Applicant CJ’s costs to be assessed




on the standard basis if not agreed. CJ’s publicly funded costs shall




in any event be the subject of a detailed assessment.




CE/766/2016




In the appeal by SG:




1. The appeal is allowed as the decision of the First-tier Tribunal of 12




November 2015 under reference SC303/15/00661 involved an error




on a material point of law.




2. However, that decision of the First-tier Tribunal is not set aside




because the decision sought to be appealed was subsequently




revised in the appellant’s favour by the Secretary of State.




The decision on SG’s appeal is made under section 12(1) and 12(2)(a) of




the Tribunals, Courts and Enforcement Act 2007.




In both JR/3861/2016 and CE/766/2016




1. The time for seeking permission to appeal is abridged to expire on




15 September 2017.






 
Representation: Stephen Knafler QC and Tom Royston (instructed by







CPAG) for CJ and SG.
 
.



 

JLR2

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Re: UK judges rule DWP wrong to deny appeals over refused benefits
« Reply #1 on: August 04, 2017, 08:20:42 PM »
I also doubt if the DWP is going to like this little fact becoming known,

''It comes after a freedom of information request revealed the DWP has a target to uphold 80% of its original benefit decisions after the internal “mandatory reconsideration” reviews.''  (from the Guardian's story).


Monic1511

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Re: UK judges rule DWP wrong to deny appeals over refused benefits
« Reply #3 on: August 04, 2017, 08:30:02 PM »
Hi Guys

I regularly submit late appeals, not got the inclination to read the full decision yet but does it say that the absolute time limit of 13 months has been abolished?

An appeal has to be made within the month unless you have good reason and then you can lodge an appeal upto  13 months after decision date.  Good reason is a fluid rule and the decision to refuse an appeal as the claimant did not have good reasons for lateness is an appealable decision - had a tribunal to that effect last week.

What irritates me is clients regularly tell me DWP said that they could not submit a mandatory reconsideration without additional medical evidence (ESA & PIP)  which is not true.  medical evidence would help win an appeal but you do not need to have it to submit a mandatory reconsideration.

rant over for another wee while.
Monic

JLR2

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Re: UK judges rule DWP wrong to deny appeals over refused benefits
« Reply #4 on: August 04, 2017, 08:31:49 PM »
''The tribunal, chaired by Mr Justice Charles, said the DWP’s position would improperly make the Secretary of State ‘gatekeeper to the independent tribunal system’.

Instead, the tribunal said the correct position is that where a claimant makes a mandatory reconsideration request at any time within 13 months of the original decision, they will, if dissatisfied, subsequently be entitled to pursue the challenge to a tribunal.'' From the Lawgazette.

This news and not a word on the BBC, conspiracy? >devil<

JLR2

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Re: UK judges rule DWP wrong to deny appeals over refused benefits
« Reply #5 on: August 04, 2017, 08:34:50 PM »
''DWP said that they could not submit a mandatory reconsideration without additional medical evidence (ESA & PIP)''

Monic, that sounds like something straight out of the Unum Provident book on disability denial, to me.

Monic1511

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Re: UK judges rule DWP wrong to deny appeals over refused benefits
« Reply #6 on: August 04, 2017, 08:45:57 PM »
I agree JLR2 but misinformation like this means people have to do late appeals,  I had to tell one claimant that its was now 2 years since the decision so we were outside the absolute limit, person just hadn't bothered to deal with anything and couldn't really care that they could no longer appeal but I was mad at them for being so blasé.

JLR2

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Re: UK judges rule DWP wrong to deny appeals over refused benefits
« Reply #7 on: August 04, 2017, 09:00:22 PM »
Monic, two thoughts cross my mind, small as it is >biggrin<, first might it be the claimant you're talking of knows s/he is exaggerating their disability(s) to some extent or more worrying, to me at least, they may have become so worn down with things they are near the point of giving up and in some danger of becoming depressed with everything?

Monic1511

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Re: UK judges rule DWP wrong to deny appeals over refused benefits
« Reply #8 on: August 04, 2017, 11:21:18 PM »
It wasn't a disability benefit that we could've appealed but a benefit overpayment one and while they do have depression the biggest issue is their addiction which just means they don't care about anything other than sourcing more poison. This has happened more than once but to come in 3 years later is expecting miracles.

JLR2

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Re: UK judges rule DWP wrong to deny appeals over refused benefits
« Reply #9 on: August 05, 2017, 08:41:31 AM »
''It wasn't a disability benefit that we could've appealed...''

See that's what happens when I go taking guesses at folk are going through >doh<   I doubt I could do the sort of work you are doing Monic as I am all too well aware I have a severe shortage of patience and would be cracking up more often than not.

Fiz

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Re: UK judges rule DWP wrong to deny appeals over refused benefits
« Reply #10 on: August 09, 2017, 06:33:56 PM »
A friend has been supporting her sons PIP application. He was turned down following the face to face, they submitted an appeal with even more expert evidence and waited. And waited. Eventually my friend phoned the DWP who said their appeal was turned down and the letter saying so was sent well over a month before so they couldn't take it to tribunal. Apparently their MP is taking to parliament this because they didn't receive the letter turning down their appeal. He really needs PIP because there's no way he can work more than 16 hours and that's on his good weeks when he can work at all. What a mess.

Monic1511

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Re: UK judges rule DWP wrong to deny appeals over refused benefits
« Reply #11 on: August 09, 2017, 09:15:40 PM »
Fiz
A late appeal can be submitted up to 13 months after the decision date, so your friends MP should have contacted the DWP and got the SSCS1 form completed giving grounds for lateness - The DWP did not provide written conformation of the mandatory reconsideration notice result, as a result of DWP failure the claimant was unable to lodge an appeal with HMTS, the DWP are effectively creating barriers to justice.   That would be good reasons for a late appeal and then put the appeal in to HMTS

Your friend didn't send an appeal but a mandatory reconsideration, I suspect, many call it an appeal but its not,  They can call the DWP and ask for a subject access report, they then request duplicate copies of the mandatory reconsideration result and then the complete an SSCS1 (appeal form) and get it off to a judge.  The MP should know all this but some are too green to be useful (imo)
Monic