Hi. Complain is good, though for now the case is being dealt with as a late appeal. If accepted fine, if not, then you will need to wait until 12 of May for Tribunal of Commissionmers to decided on what happens when a late appeal is not allowed. see.CHR/3855/2005; That is, can an appeal be ( leave to appeal) made to Commissioners. Meanwhile, the substance of the case, i.e, whether there is an op or not has not been decided uopn < and I hope that no recovery has been initiated so far>, so the substance of the case is still live. Once the late appeal is accepted then Article 6 will not come in to it, if it is not, then the above decision will explain whether Art 6 is engaged or not. Mean while, did your client put in another claim whilst all this was going on? If he did, then have look at RJSA2/04, but to a large degree, the sending of the late appeal by the DWP seems to have taken care of things, so far.
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