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'Official error' to make DWP redecide revision?

  • Nervy
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13 years 6 months ago #56190 by Nervy
'Official error' to make DWP redecide revision? was created by Nervy
I had a revision decision last November but the DCS/DWP never got the letter which i handed to the CAB which had a lot of extra information.

I've looked more carefully in the CPAG guide and it says about examples of Official error...if....
"There is documentary or other written evidence of your entitlement that the DWP,local authority or the Revenue had, but failed to give to the decision maker dealing with your claim when the earlier decision was made."

What do you reckon?

Could i get the DWP to make their revision decision again, since if i didn't get the decision i wanted in the tribunal, i've read its difficult to get to the upper tribunal.
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13 years 6 months ago #56191 by Steve Donnison
Replied by Steve Donnison on topic Re:'Official error' to make DWP redecide revision?
Hi Nervy,

Do you mean that you asked for a revision and that was unsuccessful so now you are appealing? If so,there's nothing to stop you asking the DWP to reconsider in the light of the new evidence - they're supposed to do that if new evidence comes in as the appeal proceeds, in any case.

Do you know what happened to the letter you gave to the CAB?

Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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13 years 6 months ago #56192 by Gordon
Replied by Gordon on topic Re:'Official error' to make DWP redecide revision?
Nervy

I'm not sure I understand your logic :) How can the DWP be responsible for not evaluating evidence they did not receive.

On the assumption that you are currently appealing, your best approach is to submit this letter as evidence. The DWP are obliged to review (not Reconsider) all evidence submitted and if it is significant they may initiate a Reconsideration.

The DWP and ATOS have been carrying out Reconsiderations on some cases in some offices just prior to the Tribunal hearing, and this may pronmpt them to do so for your case.

Finally, if nothing else, it will be available to you as evidence at your appeal.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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13 years 6 months ago #56197 by Crazydiamond
Replied by Crazydiamond on topic Re:'Official error' to make DWP redecide revision?
Nervy wrote:

I had a revision decision last November but the DCS/DWP never got the letter which i handed to the CAB which had a lot of extra information.

I've looked more carefully in the CPAG guide and it says about examples of Official error...if....
"There is documentary or other written evidence of your entitlement that the DWP,local authority or the Revenue had, but failed to give to the decision maker dealing with your claim when the earlier decision was made."

What do you reckon?

Could i get the DWP to make their revision decision again, since if i didn't get the decision i wanted in the tribunal, i've read its difficult to get to the upper tribunal.


There is no question of official error in the situation you have described, as the DWP cannot be said to have acted improperly in the absence of a missing letter apparently handed to the CAB for referral to the DWP.

If anything your problem lies with the CAB and not the DWP, and they should be held to account for the whereabouts of the missing letter.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • Nervy
  • Topic Author
13 years 6 months ago #56209 by Nervy
Replied by Nervy on topic Re:'Official error' to make DWP redecide revision?
Crazydiamond wrote:

There is no question of official error in the situation you have described, as the DWP cannot be said to have acted improperly in the absence of a missing letter apparently handed to the CAB for referral to the DWP.

If anything your problem lies with the CAB and not the DWP, and they should be held to account for the whereabouts of the missing letter.


I got my first DLA decision in September then appealled and got a 2nd decision(review not reconsider?) in November which said "Secretary of State's Submission". (is that Ian Duncan Smith?)

I haven't had the tribunal yet. Still waiting.

I don't know what happened to the letter, but its only a copy.

I wanted to complain about the CAB not passing on the letter, but feared complaining directly to them.
Wouldn't the CAB be classed as local authority?
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13 years 6 months ago #56217 by Gordon
Replied by Gordon on topic Re:'Official error' to make DWP redecide revision?
Nervy wrote:

I got my first DLA decision in September then appealled and got a 2nd decision(review not reconsider?) in November which said "Secretary of State's Submission". (is that Ian Duncan Smith?)

Yes, currently

I wanted to complain about the CAB not passing on the letter, but feared complaining directly to them.
Wouldn't the CAB be classed as local authority?

The CAB is actually a charity, there Complaints Procedure is on the following page.

www.citizensadvice.org.uk/index/aboutus/complaints_policy.htm

Gordon
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