The DWP is telling me that the recent test case on not processing claims has no effect on claims that are suspended mid claim and then lapsed when no reply is made to enquiries. I agree that there is no direct effect, but I think that the principles established would mean that an appeallable decision would have to be issued. What do other people think?

I agree that an appealable decison must be issued. This would follow R(IS)6/04, a decision approved of by the Tribunal of Commissioners in CH2155/2003

R(IS)6/04 held that where the the question is whether a claim had been validly made (including whether any information requirement had been met,) the claimant must be given the right of appeal to a Tribunal in order to copmply with Article 6.

The same principle must apply to termination after supension, even more so as the burden of proving grounds for any revision or supersession, (which would probably be the basis of the information requirement in suspension cases) is on the Council

Sorry can't be of help.
Are you the Chris Smith formerly of IPR ?

Benefit is terminated in this way pursuant to reg 14 of the HB and CTB D&A Regs 2001.

There is specific statutory authority for such terminations in Sch 7 para 15 of the CSPSSA 2000, so the Tribunal of Commissioners' decision is of little assistance, since it rests on reg 76(2) being ultra vires.

However, note that under para 5 of the Schedule to the 2001 Regs, a right of appeal to a Tribunal arises against a termination under reg 14. It would seem to follow from the Tribunal of Commissioners' reasoning that on appeal, a Tribunal could substitute any other decision it saw fit.



DISCLAIMER: This post is intended as a general contribution to the discussion in this thread. It is not intended to be relied upon as legal advice. Anyone with an identical or similar case should consult a solicitor or lay adviser with expertise in welfare rights law.

The simple ones are always the best, seems some of use have been reading turgid CD's far too much and loosing our eyesight as a result.

Of course an appealable decision must be issued. It is written clearly into the 2001 D&A Regs!!!