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Top Decision Making and Appeals topic #2190

Subject: "cautions" First topic | Last topic
suewelsh
                              

Adviser, Citizens Advice Shropshire
Member since
27th Jan 2004

cautions
Tue 12-Jun-07 03:09 PM

If a client has accepted a caution is it still possible to appeal the decision that they were overpaid?

  

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Replies to this topic
RE: cautions, SLloyd, 12th Jun 2007, #1
RE: cautions, Kevin D, 12th Jun 2007, #2

SLloyd
                              

Welfare Rights Adviser/Trainee Solicitor, Thorpes Solicitors, Hereford
Member since
03rd Feb 2005

RE: cautions
Tue 12-Jun-07 03:14 PM

In principle I dont see why you can't but in most circumstances I would think you have an uphill struggle on your hands! What are the facts of your case?

  

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Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: cautions
Tue 12-Jun-07 03:49 PM

As answered above, there is no problem making an appeal - a caution does not take away the right of appeal.

But, it may not necessarily be any more of an uphill struggle than any other appeal.

It's quite possible that a breach in one aspect, leading to a caution, will not be grounds that are at issue (directly) in an appeal.

For example, take this scenario for HB/CTB. A clmt is found to have undisclosed capital, but the clmt still has total capital not exceeding £16,000. An overpayment results. The LA takes a strong stance and offers a caution, which the clmt accepts. BUT, the clmt (or rep) spots an error in the calculation of the undisclosed capital (e.g. 10% disregard due on shares). The caution may, technically, be correct, but an appeal should succeed.

So, as suggested by SLloyd, more info / detail would make it easier to advise.

  

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Top Decision Making and Appeals topic #2190First topic | Last topic