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Thread: DWP 'Offers' during appeal.

  1. #1
    Senior Member nukecad's Avatar
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    DWP 'Offers' during appeal.

    We've had a few questions on this forum about this DWP practice of making an 'improved' award offer during appeal, but still lower than the tribunal would be expected to award.

    It's not against any law for them to do that, as usual it's the underhand way thay are doing it that is the problem.

    https://www.theguardian.com/society/...ve-it-benefits
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    No doubt you could accept the offer in the meantime, but still continue to the tribunal stage?

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    Senior Member nukecad's Avatar
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    Quote Originally Posted by gbhxu View Post
    No doubt you could accept the offer in the meantime, but still continue to the tribunal stage?
    Yes, but the whole point of the article/debate is that the DWP are not telling people that and are saying that the offer is entirely conditional on them withdrawing the appeal.

    They are also strongly implying that you would lose at appeal. (Even though they know that you would win, or they would not be making an offer).

    You could reject their offer and simply continue with your appeal.
    You could accept, let them tell the court to lapse the appeal in light of the revised award, and then make a new appeal against the original award as revised. (If you are still within the appeal timescale).
    Of course that's going to lengthen the appeal process by starting it again with a new appeal.
    But they are not telling people any of that.

    It's a win-win for the DWP by offering you less than they expect you to get from the tribunal, and hoping that you don't continue with the appeal.

    Of course if they don't expect you to win at tribunal they won't make any revised offer, it's only where it's clear to them that the tribunal will make a higher award that they are making these 'revised but still too low' offers.

    eg. They have given you PIP standard DL only, you have appealed and it's now clear to them that it should have been enhanced both and that the tribunal will give enhanced both, so the DWP will make then make an offer of standard both in order to try and persuade you to drop the appeal.

    It's obviously wrong, when they know the tribunal will give a higher award then they should give that award and not try to bully you into accepting a 'revised but still too low' award.
    Last edited by nukecad; 03-03-20 at 10:53.
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