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Top Decision Making and Appeals topic #3205

Subject: "Regulation 38 and delays in appeal paper production" First topic | Last topic
PaulW
                              

Welfare Benefits LSC Supervisor, Newcastle CAB
Member since
26th Jul 2004

Regulation 38 and delays in appeal paper production
Sat 31-Jan-09 11:27 AM

Forgive me if I missed this in all the changes that seemed to happen towards the end of last year, but does Regulation 38 of the Social Security and Child Support (Decisions and Appeals) Regualtions 99 not apply anymore?

Up to Oct 08 I had 4 or 5 appeals outstanding where the DWP had not got round to the production of appeal papers, and I wrote to my local TS asking for directions to list on the basis of Reg 38. Earlier in the year this had proved really useful with either the DWP backing off or at least getting a case to tribunal.

However, in all of those 4 or 5 cases I had in October I am no further forward. I have written to the local TS again asking for an explanation, and ofc the DWP still have not produced papers.

I did speak to the local TS in November and was told a District Tribunal Judge was looking in to all these cases, and when I followed this up a few weeks later it was denied any meeting ever took place!

Confused.

  

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Replies to this topic
RE: Regulation 38 and delays in appeal paper production, nevip, 02nd Feb 2009, #1
RE: Regulation 38 and delays in appeal paper production, PaulW, 11th Feb 2009, #2

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Regulation 38 and delays in appeal paper production
Mon 02-Feb-09 11:20 AM

Regulation 38 now replaced by rule 6 of The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008. SI - 2685.

  

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PaulW
                              

Welfare Benefits LSC Supervisor, Newcastle CAB
Member since
26th Jul 2004

RE: Regulation 38 and delays in appeal paper production
Wed 11-Feb-09 08:33 AM

Thats why I am getting no response - cheers Paul

  

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Top Decision Making and Appeals topic #3205First topic | Last topic