Is it an appeal??

[bedofweeds]

I'm a bit stumped on this one. Maybe somebody that works for the DWP can give me a definitive answer.

 

Facts:

 

GL24 issued with a covering letter dated 3rd November 2012 (date stamped by the DWP as being received on the 30th November 2012).

 

I was appealing against two decisions, one dated 2009 (decision notice sent to wrong address and never received it) and another decision notice dated 6th December 2011.

 

I lost the former at a Tribunal as it was out of date and that the decision notice was sent to the 'last known address'- I'm OK with that.

The latter the DWP refused to accept that it was a 'proper' appeal.

 

In July 2013, the DWP suggested that I should lodge another GL24 against the December 2011 decision notice. This I did and it too has been thrown out as being out of time.

 

This all now hinges on the covering letter and GL24 sent to the DWP on the 3rd November 2012 - is it a proper appeal notice.

 

The GL24 states "name of benefit - ******, date at the top of the letter about the decision - No idea, have not seen the notice, as it was never received by me".

 

The covering letter attached to the GL24 states "This appeal form is also to cover the decision made on the 6th December 2011"

 

As you can see the GL24 clearly referred to the 2009 decision, but that I added by way of a paragraph in my letter that it should also relate to the December 2011 decision.

 

The DWP are refusing to accept that it is an appeal as it is not on shown on the GL24. The DWP are well aware what would happen if they allowed the November letter as an appeal - it would open the flood gates - a considerable amount of money is riding on this £15,000 +. I was told unofficially by a DM that they will 'fight tooth and nail' to close me down along with the money.

 

In the end it's not about the money but more a point of principle. I view it as you can't lose something if you have never had it. If the DWP are made to accept it as a valid appeal which will bring about the payment, I intend to give it all to charity - seriously. I have no need for it as it will take our savings to well over £25,000 and play havoc with the Pension Credit review next June. Yes I know all about deprivation and will worry about that when the time comes - I want the DWP to make the payment direct to a charity of my choice.

 

Any thoughts or ideas please?

Edited October 14, 2013 by bedofweeds

[estellyn]

If you sent them something in writing stating you wanted to appeal a stated decision, then that counts as made.

 

If you have the evidence that you made the appeal (for instance if you've SAR'd the DWP and this attached piece of paper is in their records) then make the appeal direct to the Tribunal's service, showing that you had previously made the appeal in good time and was ignored.

[bedofweeds]

If you sent them something in writing stating you wanted to appeal a stated decision, then that counts as made.

 

If you have the evidence that you made the appeal (for instance if you've SAR'd the DWP and this attached piece of paper is in their records) then make the appeal direct to the Tribunal's service, showing that you had previously made the appeal in good time and was ignored.

 

Thanks. Yes what I quoted was the last paragraph of a two page letter sent to the DWP on the 3rd November 2012.That letter was part of the Tribunal submission and was in the bundle that they sent me so yes, they did receive the letter. The DWP are insisting that whilst I made reference to the appeal in the letter, it was not made on the 'appropriate appeal form' and as I had issued a GL24 subsequently, I have accepted that the application in December 2012 was never made formal until after the 13 month appeal period had expired.Their evidence for this is that on the GL24 issued to them in July 2013, I didn't actually state that it was an appeal against the December 2011 decision but "an appeal to lodge an appeal against the December 2011 decision as it is now beyond the 13month period". In other words I concede that no formal appeal was made against the December 2011, as why else would someone try to lodge another one at a much later date.

[estellyn]

After rereading your original post, I'm a little confused. You wouldn't go to a Tribunal to be told an appeal was out of time - it might be referred to the Tribunal service for a decision, but it wouldn't, in my experience, be made at a Tribunal hearing.

 

Regardless, it is ultimately up to the Tribunal Service as to whether an appeal was properly made - so ask for it to be referred to them for a decision - simple.

[bedofweeds]

After rereading your original post, I'm a little confused. You wouldn't go to a Tribunal to be told an appeal was out of time - it might be referred to the Tribunal service for a decision, but it wouldn't, in my experience, be made at a Tribunal hearing.

 

Regardless, it is ultimately up to the Tribunal Service as to whether an appeal was properly made - so ask for it to be referred to them for a decision - simple.

 

The first appeal (application to admit a late appeal against the 2009 decision) went to a Tribunal and they decided that the appeal would fail on two parts. That the decision notice was sent to the wrong address but the DWP had complied with what was required of them - posted to the last known address and in any event the appeal was out of time.

 

The second appeal (against the 2011 decision notice) has been ruled out of time (GL24 issued 2013) by the DWP so it ended there quite rightly. But I did appeal albeit in a letter and not on a GL24 in 2012 (within the 13 month period) but the DWP are ignoring it saying that it wasn't actually made in the prescribed manner on the correct form which I also accept.

 

My question surrounds that 2nd appeal made in letter form - are the DWP within their rights to ignore it or should I have 'pushed' the matter in late 2012/early 2013 instead of accepting what they said and putting in a GL24 out of time. I feel that I have shot myself in the foot here by listening to the DWP too much!

[RaeUK]

Aye. Sometimes it's like finding hensteeth. ...

[antone]

Aye. Sometimes it's like finding hensteeth. ...

 

I'm getting fed up. And none of us are getting any younger.