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kinkyklee

will i be reinstated

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hi guys i was taken to court 2008 for benefit fraud was found not guilty but the dwp was still pursuing there debt of around £4000 i took this to the tribunal and won my appeal last friday wahey was very happy,so will i be reinstated from the dwp for the income support they had stopped while the investigation was going on obviously the thought i ws guilty they had lots of evidence apparently but none of it stood..also my rent arrears grew larger by the week now im trying to get them sorted can anyone help as to what i should ask the dwp or get the ball rolling for my monies back that i was entitled too

thanks

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This is just my opinon, but you should 'demand' that you are paid all outstanding benefits you qualified for. If they refuse, they are attempting to over-rule the court and the appeals panel, and you should let them know that you will seek legal redress to be paid your entitlement.

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thanks that what i thought but didnt realise until the lady at the council said they should reinstate me,so rang them yesterday and surprise suprise i had never been heard off yet they was only with me last friday at the tribunal well against me i should say.anyway wrote a snotty letter about leaving me in poverty extra due to stopping my is,but hopefully sent it to right place because the next thing will be that they have no record of it..anyway thanks for your feedback

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They have to wait for the letter from the tribunals service giving them the result and advising them to reinstate your benefit.

 

Whether or not you get your benefits repaid will depend on what level of tribunal you took it to, and whether the DWP agree with the tribunal's decision. If it was the first tier tribunal and the DWP feel the tribunal erred in law, they can appeal it again to the Social Fund Commisioner.

 

It isn't very often the DWP do appeal to the commisioner but it is something that you should be aware of, just in case as a lot of people are unaware that they can do this.

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My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

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They have to wait for the letter from the tribunals service giving them the result and advising them to reinstate your benefit.

 

Whether or not you get your benefits repaid will depend on what level of tribunal you took it to, and whether the DWP agree with the tribunal's decision. If it was the first tier tribunal and the DWP feel the tribunal erred in law, they can appeal it again to the Social Fund Commisioner.

 

It isn't very often the DWP do appeal to the commisioner but it is something that you should be aware of, just in case as a lot of people are unaware that they can do this.

 

But if a court of law has said she is not guilty of fraudulently claiming benefit, then no tribunal can overturn that??

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i think theres truth on both statements there thanks ermmmm i think they can appeal the tribunal decision but like you say if a court can say not guilty dont think its likely a tribunal judge can overturn or even except an appeal from the dwp.

i took the dwp to tribunal by the way as i appealed to them about the overpayment.

anyway will let u knw wt happens next

hope im not waiting to long thanks

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Not for benefit fraud, no but they can appeal against the tribunals decision on overpayment


My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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hi thanks again do you know how often they do appeal a tribunals decision?have u been in this position before if you dont mind me asking?

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Not very often - most commissioner appeals are brought by the claimant when the first tier don't overturn the original decision. It doesn't occur often that the DWP (Secretary of State) initiates a commisioner appeal, but it does happen. Just because it happens though, that doesn't mean the commisioner finds in their favour - just as many are thrown out as the commisioner upholds the original tribunal's decision.

 

You can search and read commisioner appeals here: Social Security & Child Support Commissioners


My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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i just went to my local tribunal place which was doncaster(around 45mins drive away)dont know what tier it was just a judge only 1 with me my partner and one bloke from the dwp...do you know if the tribunal service send any documents to the dwp to say he has looked at my appeal and i won....

sorry to blab on i should know but i am new to it all

thanks for your advice

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That's the first tier.

 

The tribunal will send a letter to the DWP to advise them of the outcome of the tribunal, and of any action they should take.


My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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thanks how do you know so much???????????

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Because I help people who have problems and I've had to do some researching in order to help people ;)


My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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