Employment and Support Allowance (ESA)
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DWP Response

Hooray, after many years of denial, DWP has now admitted they withheld evidence from the Tribunal in 2011 because they "felt" the documents are part of their fraud investigation and they did not have to disclose.  For clarity, the withheld evidence shows DWP had knowledge of my clients capital above-limit before paying continuing to pay benefits. Any chance of success in reopening the appeal out of time ?


  • janer1967janer1967 Member Posts: 11,135 Disability Gamechanger
    Hi sorry I dont know the answer maybe worth contacting CAB or welfare rights 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger

    9 years is a long time ago and this definitely isn't for an internet forum. Expert advice is needed here. Start this here...https://advicelocal.uk/

    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • mikehughescqmikehughescq Member Posts: 6,574 Disability Gamechanger
    Yes, there is a possibility but the circumstances are quite limited. The starting point would be for you to offer a fuller explanation as to how this fact came to light now. Then it would be possible to advise on a possible way forward. 

    I’m a little bit concerned you refer to your “client”. That suggests you’re a rep but not familiar with the law? 
  • Peter99Peter99 Member Posts: 61 Connected
    Hi. Not a client but a friend. The matter went to the UT, who rightly directed the matter of set aside should be reheard. It was at this point DWP came clean about their failure to disclose after misleading the previous Tribunal. 
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