Lapsed appeal. What are my rights, and how do I restore the original appeal? — Scope | Disability forum
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Lapsed appeal. What are my rights, and how do I restore the original appeal?

Peter99
Peter99 Member Posts: 65 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 ?

Comments

  • Peter99
    Peter99 Member Posts: 65 Connected
    Thanks Mike. 
    Please what are the rules for lapsing an appeal and where can I get more information?
  • Peter99
    Peter99 Member Posts: 65 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?
  • Peter99
    Peter99 Member Posts: 65 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.
  • Peter99
    Peter99 Member Posts: 65 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.
  • Peter99
    Peter99 Member Posts: 65 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. 
  • Peter99
    Peter99 Member Posts: 65 Connected
    I will wait until the Council issue its new decision and I will come back to you.

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