I have a case that's been going on since 2005 regarding an overpayment on LTAHAW grounds. A Tribunal heard the original appeal in 2006 and made a decision that claimant had been LTAHAW for a set period of time, but the amount of the resulting overpayment was to be agreed betwen the parties. Liberty to restore was granted.

Other side then issued a decision of full overpayment for the whole period set by the Tribunal with no agreement between parties. When threatened to restore the proceedings, they changed the decision slightly in the client's favour and gave new rights of appeal so the original proceedings couldn't be restored.

New decision was appealed and now listed for new Hearing with TS. Scant evidence of partner's earnings provided and we have argued that overpayment not recoverable as burden of proof not discharged. One week before next Hearing, received phone call from other side stating that they are to issue a new decision which will again lapse the appeal as they believe the overpayment has in fact been wrongly calculated.

Could there be any argument of abuse of process because this could just go on forever?!

This recent thread may assist:
www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=106&topic_id=3196&mesg_id=3196&page=

If the DWP is merely superseding a decision, the appeal cannot lapse. An appeal only lapses upon REVISION. And I certainly wouldn't rely on a phone call alone - see the earlier thread.

My advice is to write to TTS, setting out the situation and formally request the restoration of the appeal, arguing very straighforwardly that the DWP's actions are such that it is not possible to rely on its stated position as being accurate (for whatever reason). In my view, it would also be wholly appropriate to raise the issue of "abuse of process".

I am also aware of another WRO having major difficulties with the DWP in the North West area, particularly in appeals and/or alleged fraud cases. There appears to be a real, and growing, issue as to the conduct of such cases. So much so, it is difficult to see how it is not deliberate. I wonder if its the same office(s)?

There is an earlier thread about a case where the DWP simply rode roughshod over a Tribunal decision:
www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=106&topic_id=3129&mesg_id=3129&page=

If a particular officer, or group of officers, are deliberately conducting themselves such as the above suggests, I'm wondering if they fall foul of any Public Office offences? Just a thought....

Many thanks for such a comprehensive response!