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Coronavirus - Appeals

Appeals

When a claimant disagrees with a benefit or Tax Credit decision, they have the right to challenge it. The first step of challenging is called a mandatory reconsideration or revision, where the DWP (or LA or HMRC) look again at their decision. If the claimant is not satisfied with the outcome of the mandatory reconsideration / revision, they can appeal to the First Tier Tribunal.

Claimants can choose whether they want a ‘paper’ appeal hearing (which they do not attend – the FTT makes its decision based on the papers) or an ‘oral’ hearing (when the claimant attends a hearing).

For certain matters, such as Work Capability Assessment (fitness for work) decisions and disability benefit decisions, usually the claimant has a better chance of winning their appeal if they opt for an oral hearing. This allows them the opportunity of explaining their case directly to the FTT. They can have a representative to help them with their appeal.

In response to the Coronavirus outbreak, some temporary changes to procedures have been introduced (mainly in connection with oral hearings).

 

Oral hearings are taking place by telephone or video call

Appeals are not currently being held in courts or other public venues. Instead, oral hearings are being conducted over the phone or via video call.

If the claimant has a representative who is not able to be present with the claimant, it is essential that HM Courts & Tribunals Service (HMCTS) have the contact details for the representative beforehand, so that a conference call / video call can include all parties.

If there is any reason why the claimant would have difficulty managing a telephone or video hearing (eg hearing impairment or mental health problems) they or their representative should notify HMCTS straight away, so this matter can be addressed.

If the claimant wants a household member to be with them during the telephone / video hearing for moral support or to help them give evidence, they should notify HMCTS in advance.

If the person they want to support them is not able to be present with them (due to the lockdown) then they should ask HMCTS to include them in the conference call. If HMCTS say this is not possible, make sure the claimant gets it noted down during the hearing that this made things more difficult for them. (This might come in useful later on if they are trying to show grounds to appeal to the Upper Tribunal).

 

Triaging appeals.

New rules allow FTT Judges to make a provisional decision on the papers, without an oral hearing, even if an oral hearing has been requested. The purpose of this change is to speed up the process / cut down on the backlog of appeals.

Judges are only likely to do this if the decision is likely to go in the favour of the claimant.

If the claimant and the DWP agree with the provisional decision, it is converted into a binding decision. If either party disagrees with the provisional decision, they need to notify HMCTS of this within 28 days and the case will then be listed for an oral hearing.

Tip – If the claimant (or their representative) has submitted a strong case with supporting evidence in their written submission, the FTT might make a favourable decision on the papers and they could get the result they are hoping for without having to go through a hearing.

Tip – Claimants who are not happy with their provisional offer should seek specialist advice if they can. If they proceed to an oral hearing they might get a lower (or no) award. 

See here 

 

Tribunal members

In order to avoid delays in hearing appeals, Tribunals can where appropriate consist of fewer members than would normally be required. This could mean a Judge is the only FTT member.

See here 

 

Urgent cases - If a decision is urgent, a hearing is not reasonably practicable and it is in the interests of justice to do so, the Tribunal can make a decision on the papers without the parties’ consent.

A judge will need to decide which cases are urgent. This is most likely to be cases where the claimant is in financial hardship due to having no payment of benefit. Someone who has had their award of PIP removed could also be seen as an urgent case. Claimants will need to explain their particular circumstances as they will be looked at case by case.

Amending regulations here 


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