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Late appeal accepted now DWP appeal against it
- colrim
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11 years 8 months ago - 11 years 8 months ago #111210 by colrim
Late appeal accepted now DWP appeal against it was created by colrim
Please see previous messages related to my case
my appeal against being placed in WRAG instead of support group made in May 2013 outside the timit limit by just over a month and a half
i wrote a letter to explain my reasons and at first tier tribunal 23/07/13 time for appealing extended and appeal may proceed
DWP appealed agains that decision
the judge proposes to review that decision and has asked for further representations
DWP case is that by practice rules that there is an absolute time limit of 13 months
the judge's decision he says was an error of law and is minded to change his decision and not allow the late appeal but invites representation
please advise as to how to proceed.....from what i understand late appeals beyond the 13 month limit can be accepted........but on what grounds?
my appeal against being placed in WRAG instead of support group made in May 2013 outside the timit limit by just over a month and a half
i wrote a letter to explain my reasons and at first tier tribunal 23/07/13 time for appealing extended and appeal may proceed
DWP appealed agains that decision
the judge proposes to review that decision and has asked for further representations
DWP case is that by practice rules that there is an absolute time limit of 13 months
the judge's decision he says was an error of law and is minded to change his decision and not allow the late appeal but invites representation
please advise as to how to proceed.....from what i understand late appeals beyond the 13 month limit can be accepted........but on what grounds?
Last edit: 11 years 8 months ago by Gordon.
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- Gordon
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11 years 8 months ago #111213 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Late appeal accepted now DWP appeal against it
colrim
I am not aware of any circumstances in which an appeal can be made outside of the 13 months maximum time limit.
The only exception might be that the original Decision was not properly notified to you and therefore the 13 months have not passed, however, there is a legal presumption that if the DWP have sent you the notification, then you have received it, you would either need to show that it was not properly sent or that it was reasonable for you not to have received it, both of which would require evidence pertaining to the date of the original Decision, which you may now struggle to provide.
Failing that, try and get advice from an advisor with experience in appeals.
Where to get advice?
Gordon
I am not aware of any circumstances in which an appeal can be made outside of the 13 months maximum time limit.
The only exception might be that the original Decision was not properly notified to you and therefore the 13 months have not passed, however, there is a legal presumption that if the DWP have sent you the notification, then you have received it, you would either need to show that it was not properly sent or that it was reasonable for you not to have received it, both of which would require evidence pertaining to the date of the original Decision, which you may now struggle to provide.
Failing that, try and get advice from an advisor with experience in appeals.
Where to get advice?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 8 months ago #111219 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
To the best of my knowledge, as Gordon has already stated, I am also not aware of any circumstances in which an appeal can be made outside of the 13 months maximum time limit.
I'm a retired Welfare Rights Lawyer, and a former Social Security Appeal Tribunal Member, so I'm pretty certain both Gordon and I are right. See also This link
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Late appeal accepted now DWP appeal against it
please advise as to how to proceed.....from what i understand late appeals beyond the 13 month limit can be accepted........but on what grounds?
To the best of my knowledge, as Gordon has already stated, I am also not aware of any circumstances in which an appeal can be made outside of the 13 months maximum time limit.
I'm a retired Welfare Rights Lawyer, and a former Social Security Appeal Tribunal Member, so I'm pretty certain both Gordon and I are right. See also This link
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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