Discussion archive

Top Decision Making and Appeals


Topic Author Last updated date Replies Views
Powers of tribunal to revise for official error
A decision has been given in cases where the claimant was represented by LASA that may be of interest: CDLA/1707/2005 and CDLA/1708/2005. I n the fi
Martin_Williams06-Oct-06 02:53 PM
by ken
71674
A8 national & Right to Reside
Desperate for an argument for an appeal next week for a Polish national, a single parent who has no history of work, i found the recent article in the
PaulMacklin04-Oct-06 03:39 PM
by graham_bazley
152252
Decisions after appeal on overpayments
Client had overpayment IS (& consequent HB overpayment & CT debt) due to IS deciding she was living with her childs father the overpayment decision wa
SueArchard04-Oct-06 10:02 AM
by Martin_Williams
91058
Hierarchy of decisions
Quick question - Does a decision of a Magistrate's Court hold primacy over a decision of an appeal tribunal. i.e. An appeal tribunal decided that a
paddyhill03-Oct-06 04:13 PM
by paddyhill
3816
Contempt of court?
While waiting on the line for JC+ to answer the phone might as well play on the internet. Does anyone know if JC+ refusing to pay benefit following a
andy_platts02-Oct-06 12:59 PM
by northwiltshire
111379
STATEMENT OF GOOD PRE-HEARING PRACTICE
The Regional Chairman has contacted us with the discussion paper on good pre-hearing practice for representatives - requesting responses from welfare
Robbo26-Sep-06 11:07 AM
by andy_platts
81311
Tribunals:
Well it is Friday afternoon, so thought I'd share this discussion which a colleague had with her 7 year old daughter yesterday morning: Daughter : W
paulmmoorhouse25-Sep-06 10:38 AM
by clivedurdle
2851
tribunal's rights to make decisions on official error
There is a decision that sets out clearly (rather than just hinting at) the right of tribunals to make decisions under reg. 3(5)(a) D&A regs. Can som
MikeRob19-Sep-06 02:48 PM
by Martin_Williams
4707
supersession
Just been asked to rep a case - appeal next week Client's DLA was up for renewal on 28 Dec 2005 (on High Care, Low Mob) Decision Maker treated ren
sylvian19-Sep-06 10:10 AM
by david fernie
1624
New GL24
I'm a little behind the times, it must be said, and it's taken me several attempts just to get this post onto rightsnet, but here we go. I've just ha
Robbo18-Sep-06 03:47 PM
by mike shermer
3785
Proof of ID for aslum seeker claiming Child Benefit
AS IR seem to require copy of birth certificate but my client lacks one and will not be able to get a replacement I foresee problems. Has anyone else
Toby_L15-Sep-06 04:48 PM0456
cd's
Shawn The link from this site to commissioner Howell's website no longer appears to work. Is there another way to access his site. Regards Pa u
nevip12-Sep-06 02:52 PM
by nevip
2500
Widows pension
Does any one know what has happened to Whyte and Runkee? CPAG reports that their test case had been stayed pending the House Of Lords decsion in Ho
Essie06-Sep-06 12:42 PM0527
IIDB percentage disablement for mental health
hi, i wonder if anyone can help. have a tribunal shortly for an iidb case that is looking at loss of faculty for an industrial accident that caused me
jo gallagher06-Sep-06 12:28 PM
by claire hodgson
1534
Decision Making
Just received an appeal bundle for a DLA case. Cl was in receipt of mid rate care and low rate mob due to mental and physical health problems. Cl's
Margie05-Sep-06 01:34 PM
by Margie
3734
Legal standing of DMG memos
I was at an appeal a while ago and I used a DMG memo to support my argument, when the chair asked me what the legal standing was of the memo. I didn'
ali l05-Sep-06 11:58 AM
by hain
7930
Levy case
Does anybody know if the Levy case is to be appealed further ie the one where the CoA decided that the Interpretation Act did not apply when deciding
andy_platts31-Aug-06 02:10 PM
by claire hodgson
4680
burden of proof in appeals
Who carries the burden of proof in benefit appeals, the DWP or the claimant? There was a posting about this on rightsnet a year or two ago in relation
scouse carol31-Aug-06 12:28 PM
by SLloyd
2783
Is it just me...
...or have I got some extremely pedantic staff at the appeals service, or whatever they're called now. The last three appeals that I've put in I've s
ali l31-Aug-06 11:41 AM
by scouse carol
3848
Make up of Tribunals
I am going to a tribunal regarding the recovery of an overpayment of AA and we have recieved notice of the doctor on the panel. From this I assume tha
pc30-Aug-06 01:09 PM
by Martin_Williams
6842
Theoretical questions - Not cooking test
I'm off for two weeks after today. Have written reasons for hearing where I thought claimant had good case and gave good ev. Mr was s/e painter
John Birks29-Aug-06 09:58 PM
by cablou
3687
Amended decision after appeal
I had a joint appeal (HB/IS) re overpayment of benefits due to alleged LTAHAW. We receive letter from TAS with the following "I have been told by the
suelees22-Aug-06 08:09 AM
by Kevin D
5631
Submissions
I have experienced contradictory instructions over the timing, type and length of submissions that I should present for appeals. With criticism rangin
CarolineS16-Aug-06 10:41 AM
by ken
5926
Whether "bodily function" includes function of the mind
Has anyone else had a chance to read through CDLA/2974/2004? It's primarily a decision on an under 16yr old but contains and interesting decision o
Margie04-Aug-06 12:10 PM
by Steven
4905
CSDLA/133/2005
Any news on when this Trib of Comms decision is due? Last we heard they were seeking further evidence in March 2006.
Margie04-Aug-06 12:08 PM
by Steven
1540
Tribunals of Commissioners
update from the cmmrs - CDLA/1365/ 2005 - Issues concerning the consequences of alcohol ingestion, consumption, dependency and addiction
shawn03-Aug-06 06:36 PM
by shawn
182873
Statement of Good Hearing Practice
I would be interested, from a standpoint of hearing other representatives opinions and other organisational opinions and thus to understand and consid
central02-Aug-06 03:40 PM
by maureena
3887
New commissioners decisions area of rightsnet launched today
We're pleased to announce the launch of a new area of rightsnet that provides links to more than 1500 commissioners decisions. The decisions are a
shawn01-Aug-06 11:06 AM0523
Lost DLA application - Need advice on appeal
I have an unusual case. When I received the DBU's Appeal Submission for one of my clients I realised that half the client's DLA application was missin
Sam Warburton26-Jul-06 12:04 PM
by northwiltshire
3659
LA delay in sending out submission
Mornin' all, I've got this info safely saved somewhere (as you do) but can't locate it for the life of me. How do I get LA to hurry this along? It's
suelees24-Jul-06 09:27 AM
by ken
4684