Poor SoS response

Looking for a little advice on a UC Overpayment appeal relating to an overpaid child element.

There is a weak argument around ‘normally lives’ and ‘main responsibility’ but i have found the SoS’s response to be pretty poor. They have quoted ‘compliance interviews’ and ‘UC journal entries’ but not provided a transcript of any of these, they have also calculated the overpayment wrong by not including the 2023 benefit increase in the correct assessment period.

Any idea on the best route to challenge this? due to the client’s poor MH there is a good chance this will be a paper hearing.

thanks again.

Write to the tribunal requesting it direct SSWP to provide a full transcript of any compliance interviews he wishes to rely on. Though this ought to be obvious, probably no harm in pointing out to the tribunal when making the request that evidence is required because a) answers to questions can very much depend on terms in which the questions are framed and b) SSWP’s interpretation of what an answer might mean may well differ from the appellant’s and the tribunal’s. In any event, if SSWP wishes to rely on evidence, he has to produce that evidence.

However, unless the UC claim has been closed and/or the client can longer access the journal, statements in the journal ought still to be accessible? If so, I think you as rep probably need to do your own digging for those. Even if they’re not accessible, I’d perhaps be tempted to do a SAR covering the relevant period - whilst you could include that in a directions request, a SAR is likely to be quicker and might also reveal additional useful material that wouldn’t come to light via narrow directions from the tribunal…..

Many thanks.

.... the appeal is in a week’s time,  was hoping the Tribunal would throw out the appeal but likelihood is they would adjourn :(

Ahh well….

In that case I’d write asking for a postponement and for directions in the terms outlined. I don’t know how efficiently things operate with HMCTS in your neck of the woods, but where I am, if the appeal is currently down for an oral hearing, I’d go along even in the client’s absence so as to ensure that request for directions was actually in front of the judge…..

Thanks for all your advice. I’ve submitted a Direction Notice and a postponement. It’s listed as a video hearing which the client wants to change to a paper hearing…...searching for an appropriate emoticon!

Any opportunity to quote Judge Wikeley’s scathing wit should not be overlooked in my reckoning.

his discussion of economies with photocopiers might come in handy here.