In circular A24/2008 the DWP cites 3 commissioners decisions which come to varying conclusions about how long a council can delay taking into account of a reported change of circumstances before it becomes an official error.

According to the circular the cases are

CH/2741/2003- 14 days
CH/454/2006- 4 months
CH/858/2006- immediately a change is reported.

The first two cases are not available on the Upper Tribunal web site or rightnet. The third is, and what the commissioner actually said was that a delay of nearly one month was not an official error.

Can anyone either throw any light on what the other 2 cases actually say or provide a copy of the decisions or suggest any other cases that might be relevant?

E-mail on its way Chris.

And copies of the two "missing" CDs on their way to Rightsnet.

Kevin- no sign of the email yet- My email is chris.smith@hbhelp.co.uk

Apologies - my main email has crashed and I'm in the process of repairing it. If I can't get it going soon, I'll use an alternative web-based email addy to send the docs in question.

Kevin

Right.....

In addition to the cases cited by Chris Smith, the following may also be of interest:

CH/3629/2002 (para 8)
CH/0881/2005
CSH/0542/2007
CH/2409/2005 (11 wk delay can be an error)

NB: one of the CD references cited by Chris is incorrectly cited in the circular: CH/0454/2005

In addition, failing to suspend payments while making further enquiries is not necessarily an error:

CSHB/0718/2002 (para 42)
CH/0507/2006
CH/0843/2005

All of the above have been sent to Rightsnet today.

As an aside, I agree with Chris' observation about CH/0858/2006 - the Cmmr plainly found that a delay of one month was NOT an error in that particular case.

Thanks to Kevin D, the following commissioner decisions are now available on rightsnet -

CSHB/718/2002

CH/3629/2002

CH/2741/2003

CH/454/2005

CH/843/2005

CH/881/2005

CH/507/2006

CSH/542/1007


CH/2409/2005 is available via the Administrative Appeals Chamber of the Upper Tribunal website.