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Lapsed appeal. What are my rights, and how do I restore the original appeal?

Peter99Peter99 Member Posts: 61 Connected
The Council has lapsed my appeal at the Tribunal, who wrongly recorded that I had given consent to it. The appeal was against disentitlement decision of Housing benefit on the allegation I had capital above-limit. 
The Council is now raising new matters that are not raised previously. Are they allowed to do this?
What is my rights and how do I restore the original appeal without having to start a new appeal ?

Replies

  • mikehughescqmikehughescq Member Posts: 6,628 Disability Gamechanger
    Depends on what we mean by lapsed. Appeals can only be lapsed if a new decision has been made which gives you everything you could have obtained at appeal. So, on the surface that suggests good news. Do we I wonder really mean that the appeal has been struck out? 

    First step would be to contact HB and establish what they think has happened and why. It may be in your favour. If you’re not happy with the answer you can always write to HMCTS and explain in detail why the rules for lapsing were not complied with.

    However,, there’s another scenario here as regards overpayments. If they review the decision under appeal and conclude that the recoverable amount is lower/higher or the period recoverable is incorrect then the decision being appealed no longer exists if they revise it on that basis e.g. ifs £10,000 overpayment is suddenly discovered to be £9,999.99. In this case they effectively issue a new decision on what’s recoverable, why and over what period and you accrue a new right of appeal within one month.
  • Peter99Peter99 Member Posts: 61 Connected
    Thanks Mike. 
    Please what are the rules for lapsing an appeal and where can I get more information?
  • Peter99Peter99 Member Posts: 61 Connected
    The Council lapsed my appeal at the Tribunal on the ground that a decision has been made in my favour. Now they are raising new additional issues that was not raised previously. After 4 years, they are now asking me to provide additional documents that have already been provided just because they couldn't find them. Am I entitled to ask the appeal to be restored back to the Tribunal?
  • mikehughescqmikehughescq Member Posts: 6,628 Disability Gamechanger
    I think this comes back to the original issue. Have they actually issued a decision in your favour and, if so, in what way?
  • Peter99Peter99 Member Posts: 61 Connected
    Hi,
    The original issue was if the capital subjected to a confiscation order has a nil value and the Council has conceded '"yes, and it should not be counted as capital held".  There was no dispute about the capital held at the time and all the account statements that covered the period of claim were submitted at the time. Now they are saying they cannot find the statements and I should re-provide them.
  • mikehughescqmikehughescq Member Posts: 6,628 Disability Gamechanger
    Yes, but in terms of what needs doing next, if anything, we’d need to know the terms  of the lapsed decision.
  • Peter99Peter99 Member Posts: 61 Connected
    There is no terms or my agreement to lapsing the appeal. I was just informed by a letter that the appeal is lapsed. I was not consulted prior to anything. The Tribunal forced it on me really, without my consent.
  • mikehughescqmikehughescq Member Posts: 6,628 Disability Gamechanger
    Yes okay, but what is the lapsed decision? If HMCTS have agreed to a lapse then by definition HB must have revised the decision under appeal. They must issue that new decision to you. So, what does it say and is it really an improvement?

    If you’ve not got any such decision then that’s your next step.
  • Peter99Peter99 Member Posts: 61 Connected
    I have informed the Council that I am unable to resubmit the documents they are now requesting from me due to passage of time and it's their faults for losing those already submitted. I await their new decision to see if they will still refuse me benefits. 
  • mikehughescqmikehughescq Member Posts: 6,628 Disability Gamechanger
    Okay, I’m not getting a straight answer to a straight question here. Nothing else to add until I do.
  • Peter99Peter99 Member Posts: 61 Connected
    I will wait until the Council issue its new decision and I will come back to you.
  • mikehughescqmikehughescq Member Posts: 6,628 Disability Gamechanger
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