Subject:
"Decision letter not sent/ time limit to appeal"
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paulmack
service manager, PCT & HIV teams, Manchester Advice Member since 23rd Oct 2009
Decision letter not sent/ time limit to appeal Mon 16-Nov-09 09:54 AM
I'm looking for the caselaw reference posted here some time ago (i think by 'Nevip') which comfirms that the time limit to appeal only starts from when the decision letter is posted.
Our client is outside the 13 month appeal deadline, but states she never received a decision letter regarding an overpayment.
Freelance HB & CTB Consultant/Trainer, Hertfordshire Member since 20th Jan 2004
RE: Decision letter not sent/ time limit to appeal Mon 16-Nov-09 11:07 AM
Starter.... Where a decision is not notified at all (distinguished from a notification that contains defects), the House Of Lords has found that such a "decision" is of no force or effect until notified.
welfare rights adviser, sefton metropolitan borough council, liverpool. Member since 22nd Jan 2004
RE: Decision letter not sent/ time limit to appeal Mon 16-Nov-09 12:03 PM
For questions about receipt of decision notices where they have been posted but not received see CJSA/3523/2002. The CD discusses the scope and application of section 7 of The Interpretation Act 1978. The relevant regulation dealing with serving notices to which The Act may or may not have application is regulation 2 of The Decisions and Appeals Regs1999.