Discussion archive

Top Decision Making and Appeals


Topic Author Last updated date Replies Views
Housam v DWP
Does anyone know what is happening in the case of Housam v DWP? It was supposed to be going to the Court of Appeal, but everything seems to have gone
Ruth_T24-May-05 02:24 PM
by ken
2504
Application to Comms ..........
The last paragraphs of HB/CTB circular A9/2005 state that: ================ ==================== ==================== =========== 11 An applic
mike shermer18-May-05 02:27 PM
by mike shermer
3537
Set aside and Reasons-do they make it up as they go along
Attended our local Tribunal Users Group where one of the points being chewed was Reasons for set aside. Colleague had asked for leave to appeal an
Semitone13-May-05 01:43 PM
by Essie
1620
Supersession Case law
Hi all, I'm looking for the case that says that when someone applies for supersession (eg on the basis of a deterioration of condition for DLA) but
Big Lee13-May-05 07:32 AM
by Big Lee
2526
DWP failing to pass on appeal to Appeal Service
I was asked for advice today by someone supporting a client who logged an appeal against an Income Support decision in September 04. The DWP have ackn
Sam Warburton12-May-05 01:12 PM
by 1964
3706
Funny overpayments and IBY
Client claimed IB and IS at the same time. IB turned down for lack of contributions, IS paid. IB sent client an IBY form (for use at 196 day point)
Andrew_Fisher12-May-05 11:30 AM
by northwiltshire
6812
Set aside / commissioners' procedure
I'm going to sound very churlish with this but I've got a CD back where I've won but I'm unhappy. The DWP's initial observations were only on the cla
Andrew_Fisher09-May-05 09:19 AM0524
CSB/347/1983; R(SB)10/85
I am looking for these decisions for an o/p appeal. I found an old thread on rightsnet where someone from LASA posted: CSB/347/1 983 was a case wher
jo gallagher06-May-05 11:12 AM0597
Hinchy
Does anyone know of any scope for argument in Hinchy type cases post-Lords decision?
Steven04-May-05 12:33 PM
by Essie
1562
(Un)Common Law Recovery
I am familiar with the idea of, but have rarely encountered, common law recovery of overpayments. I had always understood that where this was used, th
paul_moorhouse29-Apr-05 03:45 PM
by paulmmoorhouse
191301
Access to Statement of Reasons
Does anybody know if a Statement of Reasons is a public document or not? Could say a representative who obtain one in relation to an earlier appea
Sunil29-Apr-05 01:58 PM
by bensup
3517
Lots of lovely revisions, but wait!
I've seen four revisions of DLA/AA cases in the past two weeks, two of which prior to appeal. Given that I've been having difficulty getting the DWP
Andrew_Fisher28-Apr-05 12:11 PM
by Andrew_Fisher
131097
HB and 1st Protocol of HRA...
I have a problem question, which I hope that someone can assist me with... Have a HB claimant, who was receiving HB for many years... LA the decide 'c
HBSpecialists20-Apr-05 07:57 PM
by HBSpecialists
7751
Appeal Listings
Are there any grounds to have an appeal listed at a venue convenient for a claimant? Claimant lived in London and claimed HB/CTB but it was eventu
PaulW20-Apr-05 03:06 PM
by PaulW
5566
"Non-appealable" decisions
I'm looking for any case law or other material on the subject of decisions where there is apparently no right of appeal. I recall that there was rece
Steven18-Apr-05 02:14 PM
by John-C
51304
DLA tribunal
i recently went to tribunal on the 4/5/05 to look to have low rate mob raised to high the lady is already in reciept of high care. unfortunately we we
jboy114-Apr-05 10:08 AM
by stephenh
1622
Living together as husband & wife/JSA
Does anyone have a copy of the following decisons, 1 R(SB)35/85 and R(SB) 17/81 they could e-mail me? I have a client whose JSA has been withdrawn
gabbott13-Apr-05 09:09 AM
by shawn
1486
Overpayments and Tribunal jurisdiction
Has anybody got any thoughts on the effect of CIS/1720/2004? It appears to be a new interpretation of the 'technical arguments' on overpayments which
andyplatts06-Apr-05 01:38 PM
by ken
171153
Posthumous and late revision - can you help?
On 6/1/1995 MAT upholds decision to refuse Industrial Injuries Disablement Benefit claim under D12 . The same Tribunal allowed a separate claim under
Steven05-Apr-05 08:36 AM0427
Statement of reasons
I have a statement of reasons and I am struggling to identify an error of law. I would be grateful if anyone could tell me if the following paragraph,
JohnOrr01-Apr-05 09:50 AM
by nevip
6728
CD
Please can anyone supply a copy of CDLA/810/98? Commissioner Powell on the weight of evidence. Thanks!
ib31-Mar-05 12:21 PM0362
Urgent Help Needed - Monday Tribunal Hearing
The issue is concerning the constrution of regulation 3(1)(b)(iii) of the Housing Benefit And Council Tax Benefit (Decisions And Appeals) Regulations.
MDR29-Mar-05 03:31 PM
by MDR
14977
When is appeal "Determined"
Client had appeal in respect of failing PCA. Got reduced rate of IS while appeal on-going then appeal was refused on paper hearing. Income Suppo
bensup23-Mar-05 12:10 PM
by northwiltshire
17978
Strike
I haven't been able to establish definitively what is happening locally next Weds with regard to stike action in TAS although we know some clerks at l
Damian Walsh21-Mar-05 05:18 PM
by shawn
2601
medical members
Does anyone know what the jurisdiction of the medical member is? I have a case where the medical member has basically re-diagnosed the claimant and
jon21-Mar-05 01:50 PM
by stephenh
1519
Record of Proceedings
Do other representatives feel that many chairs produce Records of Proceedings that are drafted in such a way as to justify negative decisions? I would
Sunil17-Mar-05 12:54 PM
by jeremy coutinho
4752
Overpayments. Outstanding appeal. Appelant deceased
I have an appeal listed for today (Tues 15/03/05). I have just been notified that my client passed away on Sat 12/03/05. Alleged Overpayment of Incom
Eddiet15-Mar-05 09:50 AM
by Eddiet
2525
Right to appeal
the message recently posted to this forum relating to DWP decisison makers and appeals officers being told that appeals have no place in new Benefit
shawn13-Mar-05 06:00 PM
by Kevin D
3775
Hinchy judgement date
Stewart Wright, the Legal Officer of CPAG, has contacted us to say that he's just been informed that the House of Lords judgement in the Hinchy case i
ken03-Mar-05 02:26 PM
by Dan_manville
71057
SI 991/91
Hiya Does anybody have a copy of the above SI. If so could you Please e-mail to margaret.mcgibbon@fa lkirk.gov.uk or fax to 01324 504344. Ma
magscas02-Mar-05 04:10 PM
by magscas
2425