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kinkyklee

will the dwp take me back to tribunal

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dwp just phoned cutting long story short...got found not guilty of benefit fraud last year...dwp still wanted money back..i appealed and won..

anyway they just phoned to say that a decision maker will be looking at it and waitng for papers from tribunal etc to see if they guna take me back to tribunal,,but he on hols for a week won my appeal 2 weeks ago thats 3 weeks gone by time he gets back,thought they only had 4 weeks to appeal the appeal...im laughing if this is true.so whats the likelyhood of them appealing the tribunal and courts decision please if anyone has had experience...hope they dont as more aggrooooooooo but hey ho if they do:(

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They have one calender month from the date at the top of the letter the tribunal sent to them to appeal to the upper tier. However, if they ask the first tier for a "statement of reasons" - this extends the appeal time limit by 14 days. In certain cirumstances "late appeals" can be accepted. The absolute time limit for late appeals is 13 months.

 

They won't be looking at having the court's decision overturned. Only the public prosecutor can appeal a court's decision following criminal proceedings.

 

If they appeal anything, it will be the tribunal's decision they seek to appeal.

Edited by ErikaPNP

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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erika you seem to know abit about everything can i ask do the dwp usually go back to tribunal..if u dont know it dont matter thanks for your great advice

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Not usually, it is very rare. They only do it if they feel they can prove the first tier made an error in applying the law. When they appeal to go to the upper tier, it is considered by the tribunals service whether or not to allow the appeal. Just because they appeal it does not mean their appeal will be accepted. Even when it is, there are many cases where the commisioner throws it out anyway.

 

You can search for upper tribunal decisions here: Upper Tribunal (Administrative Appeals) > Decisions


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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