Just when I thought it was all settled ...

Received my appeal decision almost four weeks ago now. Left it for about a week before I contacted DWP to see when payment would commence again. They then decided they had received extra evidence (school report)and wanted this taken into account.
I asked for a copy (but never received one !) Then spoke to the tribunal service. First they said the evidence they had received made no difference to the decision but when they wrote and told DWP they have responded and said they want the decision "set aside". Not happy as you can tell, to have won the appeal and still not be paid is almost worse than if yu'd lost ! Now I have no idea how long this will all take. Has anyone else ever enede up in this position and what was your experience ?

Hmm thought as much. If relevant evidence was requested but not sent in though this is surely nobodies fault. Is there a time limit of any sort after which this would not be accepted ? As the woman who has read this at the tribunal service seems to think it would make no difference are they just playing for time? Of course I will have a better idea when I have seen copy of this report - still waiting on that and fourth request for a copy has gone in today !!
Next question is would I be better off just starting a fresh claim? As it has already in effect been accepted. If so would I still be allowed to back date it and how far? This has already dragged on since December

Hi Glezza,

It sounds like you need to contact the clerk at the Tribunals Service office dealing with your case and ask for copies of any documents submitted by the DWP. The TS clearly have copies and each party to any proceedings should be provided with copies of all documents and submissions.

It sounds possibly as if the DWP have received evidence after the date of the hearing that they believe supports their case and they now want the decision set aside and a new hearing held.

If at all possible you really need to get help from a professional welfare rights worker as set asides are outside the remit of this site.

Really horrible thing to happen to you though after a successful appeal.

Good luck with it.

Steve

If the DWP received the evidence after the tribunal had made their decision and it was only raised as an issue at that time, the DWP are not entitled to have the decision set aside. An application to set aside the decision would only be considered appropriate if the relevant evidence was available prior to the appeal hearing, and it wasn't taken into consideration by the tribunal.

If the former position applies, the DWP would be required to formally supersede the tribunal's decision and if an adverse decision ensued, the claimant would have a further right of appeal against the new decision.