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PIP -- DWP denying receipt from HMCTS
- Jon
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9 years 6 months ago #127147 by Jon
PIP -- DWP denying receipt from HMCTS was created by Jon
Hi all,
It has now been 14 days since I received a letter from HMCTS confirming my appeal request and stating that they had sent a response request to the DWP. This morning I spoke to the PIP helpdesk and was informed that as of yet no such correspondence has been received. A quick call to HMCTS confirmed that a response request had been posted to the DWP on the 26th November. It was also confirmed that a digital copy was emailed to the DWP on the same date.
It is established that on receiving notification from HMCTS, the DWP has 28 days in which to make a response submission. The question -- would the 28 day response period begin from the date the request was issued by HMCTS, or the date the request is registered by the DWP as received? That is, in my case, does the DWP have 28 days from 26th November when the request was physically/digitally sent, or 28 days from whichever date they manage to find the document within their internal systems?
I am only too aware of the sluggishness of the DWP's internal mail system -- it has taken exactly 30 days from posting for PIP to acknowledge receipt of my SAR, which is merely 'received', with no action yet taken. I am hoping they will prove a bit swifter in their interactions with HMCTS, or at least be held to account if they do not!
Regards,
Jon
It has now been 14 days since I received a letter from HMCTS confirming my appeal request and stating that they had sent a response request to the DWP. This morning I spoke to the PIP helpdesk and was informed that as of yet no such correspondence has been received. A quick call to HMCTS confirmed that a response request had been posted to the DWP on the 26th November. It was also confirmed that a digital copy was emailed to the DWP on the same date.
It is established that on receiving notification from HMCTS, the DWP has 28 days in which to make a response submission. The question -- would the 28 day response period begin from the date the request was issued by HMCTS, or the date the request is registered by the DWP as received? That is, in my case, does the DWP have 28 days from 26th November when the request was physically/digitally sent, or 28 days from whichever date they manage to find the document within their internal systems?
I am only too aware of the sluggishness of the DWP's internal mail system -- it has taken exactly 30 days from posting for PIP to acknowledge receipt of my SAR, which is merely 'received', with no action yet taken. I am hoping they will prove a bit swifter in their interactions with HMCTS, or at least be held to account if they do not!
Regards,
Jon
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- Gordon
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9 years 6 months ago #127150 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP -- DWP denying receipt from HMCTS
Jon
If I had to pick one date over the other then I would go with the one on the notification from HMCTs to the DWP.
The usual worst case for the DWP internal mail system is 10 working days, which I think would be today.
It shouldn't take the DWP more than a couple of days to submit their case, although how long it will take for your file to get to the top of the pile is another matter. That said, it would be unusual for the DWP to fail to action the request within the 28 days, but with Xmas and New Year it is a possibility, but even if this happens it is unlikely that HMCTs will chastise them for doing so.
We are aware that Tribunals are now being held very quickly, so you should start work on your submission and sourcing any evidence now, rather than waiting for the DWP evidence packet to arrive.
Gordon
If I had to pick one date over the other then I would go with the one on the notification from HMCTs to the DWP.
The usual worst case for the DWP internal mail system is 10 working days, which I think would be today.
It shouldn't take the DWP more than a couple of days to submit their case, although how long it will take for your file to get to the top of the pile is another matter. That said, it would be unusual for the DWP to fail to action the request within the 28 days, but with Xmas and New Year it is a possibility, but even if this happens it is unlikely that HMCTs will chastise them for doing so.
We are aware that Tribunals are now being held very quickly, so you should start work on your submission and sourcing any evidence now, rather than waiting for the DWP evidence packet to arrive.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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