Hi, Who is 'to blame' when a Criminal Prosecution is bought against a person out of time (by 15mths) and then continues for another 9/10 mths to an Appeal hearing & only then discovered by the then, Litigant in person. Is it the fault of the Prosecution? their Barrister? or the Litigant in person's ex Solictor?

Many thanks.

did you appeal to Upper Tribunal?

Yes but it was refused. I thought that was that but have since been told that there was Judicial Review. I had a lot of Civil cases going back and forth with the LA at that time so was distracted. Thank you.

The LA told lies to a tribunal and I was found guilty of an overpayment and refused an appeal (I can prove the lies)

then the LA charged me with a criminal offence and I was found guilty,

I appealed and the LA offered no evidence against me and all charges quashed.

The prosecution was malicious/abuse of process.

Two things,

is there anything I can do to overturn the tribunal decision regarding the overpayment

and

what action can I take against the LA for this abuse of process?

I lost my home and contents and they raked through every corner of my life with their investigations.

The harrassment of me must have cost the residents a pretty packet.

I would appreciate any advice you may have.

Thank you.

Thank you all the above for your attention and advice. Yesterday I won my appeal and all convictions quashed.

Hello Antone, This situation is crazy I promise and would take an age to tell.

I am accused of 'failing to notify' s112 of the SSAA. & have evidence to the contrary.

I engaged a Solicitor (1st time) furnished the co with a lot of evidence etc & the Magistrates trial was a farce, the Solicitor agreed things with the prosecution I never agreed to in fact I had only seen my Solicitor in court for the plea then trial, we had never talked about my case!

I never once got the chance to 'engage' with him in fact at my trial I was convinced that he hadn't even looked at my paperwork & didn't appear to have any of it with him at my trial. Anyway due to that I am now a litigant in person and going through an appeal, I have had 5 seperate dates for my appeal which were all cancelled last minute, the last appeal was about to be heard and I gave the prosecution Barrister a copy of my defence statement and the appeal could no longer be heard, I pointed out the prosecution had not been bought in time (true).

The point of my question, was in essence, that the prosecution had provided 'evidence' of a H/B CT/B application form with my signed decleration (no evidence of an award notice/letter) as proof that I was in receipt of that benefit except that form was superceded within 26wks, 8mths before the start of the alleged offence!

it is not evidence of receipt of H/B etc for the alleged period!

I have no doubt that I was in receipt of H/B & CT/B at the start of the alleged offence (wasn't in rent arrears) but the review form doesn't count as it was superceded before the alleged offence! No evidence has been shown that I was in receipt of H/B through the alleged period.

Ok I get that because I know that the DWP do there own investigations & see documented proof and the LA accept those, that's fine but it either has to be a 'fresh claim'form (not in reciept of H/B) HBCT1 or it's a rapid reclaim HBRR1 (within 26wks, which it was) There are only these two that apply to this situation. I'm sure the LA cannot use a form in a prosecution that was superceded by another form.

correct. So why didn't I need to fill in another form to stop that entitlement due to my circumstances, ie JSA (iB). Point being how can a form be used in court when it was superceded by another entitlement? Thank you.

So why did I have to fill in a Review form when my JSA finished?

Exactly my point!

My JSA stopped so did my passported entitlement to H/B.

The LA informed me so & said there may be an overpayment etc,

I was then invited to fill out a review form due to my change in circumstances etc,

22mths later my circumstances changed again and I was then entitled to H/B through a passported benefit

so that became a change in circumstances and the 'conditions' of my entitlement changed.

In both cases I had full entitlement but my entitlement came through different applications & regs,

when my entitlement changed from applicable amount (no benefits) to a passported entitlement (JSA) (IB)

I would have to signed a declaration saying that my circumstances hadn't changed since my last claim

(JSA) (IB) to enable me to have a rapid reclaim (within 26wks).

That's what the rules say & it makes sense.

The LA are using a review form that was superseded.

Thank you.

As a form was needed to change my circumstances (review form) from a passported benefit

I assumed a form was required to change it back to a passported benefit

and the entitlement to H/B etc via the review form (applicable amount) was superceded

by my entitlement via a passported benefit there would have to have been some documentation.

The regs say that a rapid reclaim can be made within 26wks for H/B providing my circumstances had'nt changed since my last claim

and as it was within 26wks and my circumstances hadn't changed so it seems logical that a rapid reclaim form was submitted by me

otherwise I would have to have made a new claim for H/B.

The LA are using against me a form that was superceded months before the date they prosecutedd me from.

Hi, In 2009 my JSA (income based) stopped & so did my H/B & CT/B and

I then received H/B etc through my applicable amount after filling in a 'Review' form from the LA.

5mths later I qualified for JSA again & I again received H/B CT/B through my passported benefit.

Would I at the time have had to filled in a new application form for H/B ie HCTB1 or a Rapid Reclaim form (if in time) HBRR1 please?

Thank you.

id6052 Thank you so much. Would I be correct then to say that H/B CT/B were not paid by way of subsidy from the DWP and paid by the LA due to the applicable amount?

Thank you again.

Sorry I didn't explain myself properly and it would take an age to explain it. The form is one issued by the LA late 2009. It was issued after a person's JSA was stopped therefore their entitlement to H/B & CT/B ended. The LA then stopped the H/B etc but invited the tenant to fill in a Review form based on their new circumstances, ie, applicable amount as opposed to entitlement via JSA. The LA were supplied with all info and this person heard by way of a phone call that it was successful. 6mths later (2010) JSA was applied for and awarded & LA informed therefore entitlement to H/B & CT/B came from being on a passported/qualified benefit as opposed to Applicable amount. The form had a series letter under the heading 'office use', ie BREVNC. BREVCC, BRECAN etc the one BOIS is the one I want to know about. Thank you.

A few years ago my JSA was suspended & then my HB/CTB was suspended,

I was invited to apply for DHP and filled in the form etc,

then shortly after received a phone call telling me I had been successful,

the form I filled in was called a Review of Housing Benefit and Council Tax Benefit

and on the front page at the top it has 'Office use' with various codes and one of them was circled it was the letters 'BOIS'

does anyone please know what the letters stand for?

This info is time sensitive so I would really appreciate all your help.

Many thanks.