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WRAG interview, what to do
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7 years 11 months ago #203913 by Invisible
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Thanks. A really good (I think) question came to mind: does it even really matters if the DWP ended the claim? The point is: I have never been notified of any suspension, let alone an ending. I just keep reading everywhere that :'the claimant must be notified of a decision and why it has been taken'. And I haven't. For some odd reasons I am imagining a court judge saying: 'therefore the claim has never been fully closed'. Just an odd thing that I have been thinking, but I wonder if it could be true.
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7 years 11 months ago #203915 by Invisible
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it seems a bit as if I had someone working for me, and I think to myself 'he is sacked'. But I never notify him of this in writing. Has he really been sacked? Would a jury in a court say: '' We say he is right because he has been holding the sacking thought in his mind, even thought the other party was never notified'' Ha ha, seems funny but I really wonder if that's what the DWP is doing
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7 years 11 months ago #203916 by Gordon
It is a worthy argument but does rely on your being able to show that the DWP have not notified you, your not receiving a letter is not the same as their not sending one.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic WRAG interview, what to do
Schopenhauer wrote: Thanks. A really good (I think) question came to mind: does it even really matters if the DWP ended the claim? The point is: I have never been notified of any suspension, let alone an ending. I just keep reading everywhere that :'the claimant must be notified of a decision and why it has been taken'. And I haven't. For some odd reasons I am imagining a court judge saying: 'therefore the claim has never been fully closed'. Just an odd thing that I have been thinking, but I wonder if it could be true.
It is a worthy argument but does rely on your being able to show that the DWP have not notified you, your not receiving a letter is not the same as their not sending one.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 11 months ago #203918 by Invisible
Replied by Invisible on topic WRAG interview, what to do
I agree. It is a risky move that could be thrown out as a last resort in the argument, if nothing else had worked, or as a 'coup de grâce' when something else has worked. But not a main argument to be relied on exclusively.
I just thought it was an interesting point.
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7 years 11 months ago #204469 by Invisible
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I asked the Money Advice Debt website, they said they can't find any reference to the 3 month thing. The CAB said the same thing. I also searched in my HB books from Shelter UK and CPAG, found nothing.
Yet before I won my appeal, the local council wrote to me and mentioned the 3months thing. It looks like a mystery. Best thing to do would be phoning Shelter UK, but I am totally averse to the phone.
Yet before I won my appeal, the local council wrote to me and mentioned the 3months thing. It looks like a mystery. Best thing to do would be phoning Shelter UK, but I am totally averse to the phone.
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7 years 11 months ago #204483 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic WRAG interview, what to do
Schopenhauer
I have had another look and it appears that this may be operational policy by a Local Authority, there appears to be no legal limit on time that HB can be paid due to nil income.
Unfortunately HB is not a benefit that we deal with on the forum we are limited on additional advice I can give.
Gordon
I have had another look and it appears that this may be operational policy by a Local Authority, there appears to be no legal limit on time that HB can be paid due to nil income.
Unfortunately HB is not a benefit that we deal with on the forum we are limited on additional advice I can give.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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