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“Forcing” a Decision
Hi
I have a client with a HCE under UC issue (4th one in the past two weeks!!). Her HCE have been suspended due to legitimacy/suspicion concerns over the liability condition.
This has been an issue since September with multiple back-and-forth between the client and DWP, with the DWP asking for more and more evidence, her uploading it, then the DWP asking for exactly the same information - this cycle has been going on for 3 and a half months.
After a number of complaints by the client, the DWP are still asking for more evidence (quite historic evidence going back 6 years over 3 different properties) and are either rejecting the evidence with no reason or are simply not telling the client what is wrong.
No decision has been made despite requests for it to be referred to a DM/CM.
Is there any way we can force them to make a decision? At least then I have something I can appeal against. I did think about threatening JR proceedings but wasn’t sure if that was relevant here.
Thanks
Would the first AP that does not include a HCE not be the appealable decision?
You have a decision which can be challenged in the sense that it’s the first AP without the correct amount of HCE.
Why didn’t I think of that (long week aha).
Should I go off the first AP where it was suspended and not included in her payments or the latest one? Strangely, it was unsuspended and included in the October payment then re-suspended for the November payment
Definitely the first one but I’d list all of the periods at issue for the avoidance of ambiguity.
OP tells us that the HCE has been suspended (i.e. under reg 44 D&A). If that is right, there is no appealable decision. The claimant remains entitled to the HCE and it is just the payment of it which has been suspended. There is nothing for the FtT to consider.
It is not normally the DWP’s style to suspend just one element (although they can do so). They usually suspend the whole award.
The DWP ought to consider representations as to why suspension is inappropriate and failure to do so properly could be a JR target, as could the suspension itself.
These cases are becoming more frequent as the DWP beefs up its anti-fraud efforts. Innocent people being caught in the crossfire and hit by indefinite suspensions.
OP tells us that the HCE has been suspended (i.e. under reg 44 D&A). If that is right, there is no appealable decision. The claimant remains entitled to the HCE and it is just the payment of it which has been suspended. There is nothing for the FtT to consider.
It is not normally the DWP’s style to suspend just one element (although they can do so). They usually suspend the whole award.
The DWP ought to consider representations as to why suspension is inappropriate and failure to do so properly could be a JR target, as could the suspension itself.
These cases are becoming more frequent as the DWP beefs up its anti-fraud efforts. Innocent people being caught in the crossfire and hit by indefinite suspensions.
I had wondered this but how does a claimant know whether the HCE has been ‘suspended’ or whether a decision has been made?
I don’t think I’ve seen a ‘formal’ decision notice re: HCE uploaded to UC journal (unlike for example a WCA outcome where a .pdf document is uploaded to journal to notify outcome). Happy to be corrected on this as it’s entirely possible I’ve just not come across one but my experience is that the UC statements either include a HCE or they don’t. Every other communication is just informal messages on journal…
Blimey, I’m going to almost disagree with Elliot twice in a week. My experience has very much been that they repeatedly suspend HCEs in isolation and are terrible at communicating that. It’s the norm rather than the exception. I’ll accept that other areas may not be seeing the same. I’ve seen suspensions which were decisions and decisions which were suspensions. I’m with you on this Tom.
From a personal perspective I have always found that a challenge via MR and then appeal is by far the single most effective way of focusing their minds on what the law says and in clarifying what they have actually done. Much of what they write for UC appeals, when they write anything at all, could be politely described as illiterate dross but having to address an appeal at all in a case where you assert you’ve not made a decision when you patently have is a sharp focus for the mind.
I had wondered this but how does a claimant know whether the HCE has been ‘suspended’ or whether a decision has been made?..
I don’t know what has happened in this case exactly, but we are told expressly that the HCE has been suspended, that this is due to “legitimacy concerns” and that historic evidence is now being requested.
It has the fingerprints of the “Enhanced Review Team” all over it imo.
I would agree that if the HCE disappears for no reason without explanation that the remedy is MR, but that is not what we are being told is happening here.