pete c
Welfare Rights Officer, Adult Social Care, Cornwall County Council, Truro
Member since 30th Oct 2008
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RE: Infallibility of DWP process for logging claims
Thu 25-Jun-09 08:00 AM |
Thanks for your reply Mike. I don't think the case I remember did reinforce the DWP's position, quite the opposite. As I recall the commissioner said that Tribunals should be wary of accepting that a letter or form could not have arrived on the strength of a DWP/ Local Authority's assertion that all such letters were invariably logged onto the system and the fact that the particular one wasn't must therefore prove it wasn't recieved
The point about mising post is interesting, s.7 of the Interpretation Act 1978 covers the presumption that anything that was properly posted is deemed to have arrived (and I think HMRC still take that view) but R(G)2/06,in effect , said that in relation to dates of claims the claim can only be made when it is 'recieved' by the appropriate office and the Act of 1978 did not in fact apply in these cases.The appellant lost as it was found that the most likely explanation for the form not arriving was that the Royal Mail had lost it and it was therefore never 'recieved'. It seems to be against natural justice that the DWP seem to have the protection of the 1978 Act but that this protection does not extend to claimants.
R(G)2/06 also clearly establishes that a Royal Mail Opening centre acts as an agent of the DWP and anything recieved at one is deemed to have been recieved by the DWP, I can't see that this wouldn't apply to couriers and it would certainly apply to any actual DWP office. Given the above I wonder if we should all stop posting things and just take them to the local JC+ and ask for a receipt!!!
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