Posted , 5 users are following.
Hi and thanks for reading. My daughter won her tribunal in March 2019. Had s letter then saying they were challenging it. I rang the tribunal service today who said the deadline is up in a weeks time. What I want to know is if DWP don't receive it by then what happens please? So very confused.
0 likes, 5 replies
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AlexandriaGizmo janine64477
Posted
I think if the appeal from DWP doesn't arrive in front of the tribunal by the due date the tribunal decision will stand and your daughters benefit will go through and be back dated
Good luck
gettingonmypip janine64477
Posted
I believe the DWP can only challenge the tribunal on a point of law. If the tribunal done everything within the law then their decision sticks. Good luck
denise15811 janine64477
Posted
Hi,
DWP can't appeal the decision without finding an error in law. To find this error they must first request the statement of reasons and record of proceedings and they have 1 month from the date of the decision to request this.
Once HMCTS send this to them they have a further 1 month to appeal that decision. HMCTS can take as long as they want to send this to them and there's no timescales.
Have another read of the letter that was received it most likely says they are requesting the statement of reasons. This doesn't mean they are appealing the decision.
DWP sometimes request this but they very rarely appeal the decision.
Backdated money after a Tribunal win can take 8 weeks, sometimes longer. I'm afraid there's nothing more you can do but wait. Hopefully it won't be too long.
janine64477
Posted
This is the letter we received. Today tribunal service said deadline is one week away.
denise15811 janine64477
Posted
Yes, this means they has requested the statement of reasons (SOR) but it doesn't mean they are appealing the decision. They can't appeal without finding the error in law. They very rarely appeal
As they've requested the SOR because HMCTS can take as long as they want to send it then this can delay the process of paying the backdated money they owe.
Unfortunately, at this point there's nothing at all you can do but wait.