DWP & First Tier Tribunal

[stenson19]

Overpayment decision was made in June 2015, we immediately made a mandatory reconsideration within the same month which DWP refuse to acknowledge.

 

We have raised a formal complaint to DWP who advise that we should have chased it up sooner and that it's now too late. During this time we also escalated to our local authority and exhausted their complaints procedure. As we both suffer from anxiety dealing with this is extremely challenging.

 

We have now recently made an Appeal to the First-Tier Tribunal who have struck out the case as it is outside of the absolute time limit. I do not consider this appeal to be outside of the absolute time limit of 13 months for the following reasons: -

1. DWP have FAILED to issue the required notice after multiple attempts to my original mandatory reconsideration dated 20th July 2015. Rule 24(1)(c) of Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 places the “decision-maker” (i.e. the DWP in this instance) under a MANDATORY duty to issue a response to the Tribunal “as soon as reasonably practicable”. The fact the appeal has been mislaid/lost / not registered on an internal system doesn’t negate the DWP’s duty.

 

2. DWP has failed on multiple occasions in its legal duty to issue such a response “as soon as reasonably practical” (CH/3497/2005).

 

As the DWP continue in its failure to recognise and process my mandatory reconsideration dated 20th July 2015, I am requesting HMCTS issue a Direction (under rule 6) requiring the DWP to comply with its duty under rule 24. In support, R(H) 1/07 (para 34) in which it was found that an appeal could bypass the decision-making body where that body failed to administer an appeal appropriately.

 

What is the best next course of action as I feel as if we are banging our head against a wall and the court have missed the point that as the mandatory response was never issued we cannot be outside of the time that only starts when the response is issued?

[dx100uk]

is this:

 

It is Lawful? Benefit Overpayment - Benefits and HMRC - Consumer Action Group

[stenson19]

That thread details the issues I had against the Local Authority about the same issue. This is directed at DWP. 

[unclebulgaria67]

I am not sure anyone reading or posting to this site, would have the required knowledge of benefits laws.

 

There are charitable organisations that specialise in taking on complex benefit law cases.  There is a website called Rightsnet, where is aimed at the advice services, but you will find information, which might be helpful.

 

 

[Bazooka Boo]

Can you just confirm that the date is correct please, 2015?

Six years ago?

 

Have you got proof of the appeal you made? A copy of the letter, proof of postage?

 

What was the overpayment and how did it come about, an error on your or their part?

 

Have your payments now been rectified?

[unclebulgaria67]

The other question is what happened between July 2015 and the date the Court Tribunal decided the appeal was out of time.

 

If DWP did not deal with the mandatory reconsideration within the time allowed, then surely an application to Tribunal should have been made about the original overpayment decision within 13 months of the original decision.

 

I would think it is unlikely the Tribunal would be wrong in their decision, if all facts were presented to them, as they deal with benefit legal issues on a daily basis.

 

It there is a argument being made to apply discretion and write off an overpayment, a complaint to your local MP, asking them to raise this with DWP, is probably best step to take.  But if you want to go down the legal route, as your post indicates, contact a benefits legal expert.