Can anyone out there help me with this? As a small project we don't do specialist work really, so I am a bit of a fish out of water.

Client had LTHAW overpayment decision on IS, which went to tribunal. First tribunal adjourned to allow DWP to make a supersession of the IS decision and provide the right paperwork to tribunal (and client). At the second tribunal the chair decided there was no jurisdiction as it had no decision before it capable of appeal. Basically the DWP had only provided an additional submission that stated a supersession had been made, but nothing else.

I have read previous discussion threads from March 2005(which i tried my best to understand), and 'second bite of the cherry' a thread from 2003, but this situation appears a little different. The DWP had been offered a chance to make the decision properly then notify my client, and return to the tribunal with the supersession. Which they failed to do.

I understand that the DWP could still make the supersession now, which my client would then need to appeal. However it seems to me that it is very unfair that my client should have to go through this again, when the DWP didn't do what they should have done at the right time. Is there anything we can do?

So until they superseed their decision there is no overpayment, right? So is there any value in arguing for DWP and Local Authority to stop the recovery of overpayment from her current awards of IS and HB if they are just going to superseed the decision?

If anyone can shed some light on all this for me that would be grand

Archie

Section 71 (of theAdmin Act) recovery can only happen if all the IS award decisions in the overpayment period are superseded in the proper manner and the decision notice is in the correct format. Until that is done then any recovery is unlawful.

Tribunals have the power to effect the supersession that the DWP should have made where there are, in the decision, errors in form or minor errors in substance.

Tribunals have no authority to effect the supersession where the supersession decision is totally incoherent or has no connection to legal powers.

Appeal rights cannot arise until a valid decision notice is issued. The question is, not "is there an overpayment?" but "is it recoverable?" Until the above is complied with, the answer is no.

Thanks Nevip, where can I find the act?

Links to social security legislation and guidance are available via the toolkit area of rightsnet.

However the following is a link to the Social Security Administration
Act 1992 -

http://www.dwp.gov.uk/advisers/docs/lawvols/bluevol/pdf/a1_1801.pdf

Thanks,
I sometimes find the link in the toolkit hard to use, like I said I'm not a specialist. But this is great, i was in the process of searching the government opsi website.

I've decided to ask them to stop recovery, and see what happens basically.

Thanks again