Client has ongoing IB appeal and wife (as IS claimant) an IS o/p appeal. The DWP has offered no evidence apart from the transcript of the police iuc. DWP tell me they are relying solely on this as the client has made threats to kill (I don't know who).

Client says police told him it was all a bit odd as DWP had asked them to investigate. I've asked DWP if this was the case and after being extremely hesitant they eventually said the investigation was at the police instigation but "...be it on your conscience if someone is murdered..."!!

Anyway all that's bye the bye (what DOES that mean?!?!?). Just put it down to a bit of Friday afternoon light entertainment.

What I really wanted to know was has anyone else come across this when there's been no DWP evidence?

What's it about (Fraud? PCA? PW?)? In what context is the evidence being used? presumably the client must have said something to justify the disputed decision?

Otherwise, I would simply refer to the rules on supersession/revision. Without establishing grounds, there can't be a review or supersession.

according to an online dictionary, "bye the bye" means 'incidentally', but I would normally use it in a context meaning 'incidental to'. I couldn't find an origin, but it gave me a break from pulling (what's left of) my hair out!!

I think it's pretty much the same as 'by the way' - I found a definition of 'by' that more or less says so:

"O.E. be (unstressed) or bi (stressed), from P.Gmc. *bi "around, about" (cf. Du. bij, Ger. bei "by, at, near"), from *umbi, (cognate with second element in PIE *ambhi "around," cf. Skt. abhi "toward, to," Gk. amphi- "around, about"). Originally an adverbial particle of place, in which sense it is retained in place names (Whitby, Grimsby, etc.). Elliptical use for "secondary course" (opposed to main) was in O.E. This also is the sense of the second by in the phrase by the by (1615)"

Don't know the first thing about your appeal scenario though, sorry!

I've come across the occasional case where there has been no evidence at all, just a cover sheet and a one-page summary of the issues (which isn't evidence) and an unspecific appeal. The Tribunal will generally prefer to get on with it and take its evidence from the appellant (so he'd better go. If it's an OP case then bear in mind that it's up to the DWP to prove all elements - that there has been an OP, how much it is, for what period, that it resulted from misrep or failure to disclose. You can always use the absence of relevant evidence to make the point that they haven't proved their case. There are tribunal chairs out there who get very annoyed with badly-prepared cases, especially when DWP can't even be arsed to send a PO.

Thanks to all. Just come back from holiday so sorry for the delay.