Proof of posting - DWP

rogerblack

bspm wrote: »

You have now said you have been notified in December, (not sure what date) that you will not receive Attendance Allowance either, why have you not appealed this decision? I believe you have a month to do this one too.

In addition, if the grounds for appeal was that he should have been informed he did not have to claim PIP, and it may have been detrimental for him to do so - that is not an appealable decision at all.

racon

Shiloe wrote: »

The point you are missing is the PIP and AA decisions were exclusive of each other. You obviously thought you would be entitled to PIP hence why you were "shocked" when it transpired you failed the assessment AT THE STAGE you should have appealed as in your eyes they were denying you something that you felt you were entitled to!

God some people are always so full of excuses and more focused on deflecting the blame. You wrote a one page nonsense letter and are now trying to exploit your proof of postage receipt into getting something you are not entitled to anymore i.e the right to appeal

Hey,I genuinely thought at the time of the PIP refusal given how the DWP's letter about the Attendance benefit and the PIP failure was written, I assumed, incorrectly, that it was all tied together as one.
I'm certainly not trying to find excuses for my actions, but yes I am trying to see if the letter would be any help with a late appeal request.

racon

bspm wrote: »

Ok, you have admitted that you 'cocked up' by not appealing the PIP decision, this resulted in a loss of your car, pension credit , council tax? and mortgage help.

You have now said you have been notified in December, (not sure what date) that you will not receive Attendance Allowance either, why have you not appealed this decision? I believe you have a month to do this one too.

If you did appeal this December decision, and won, it would not give you your car back but it may give you pension credit, council tax help and possibly carers allowance I believe? I think you really need to move on from the loss of your car, it aint coming back baby.

I would hate to see you posting in six months time that you didn't appeal this Attendance Allowance refusal decision and wondering what you could do about it then.

Hey, it does look like that I am not going to get a late appeal accepted for the PIP. I got the Attendance result on the 8th December, but it was dated by the DWP 3rd December. Looks like that I have until tomorrow to get on with the appeal for the Attendance benefit.

Shiloe

racon wrote: »

Hey, it does look like that I am not going to get a late appeal accepted for the PIP. I got the Attendance result on the 8th December, but it was dated by the DWP 3rd December. Looks like that I have until tomorrow to get on with the appeal for the Attendance benefit.

I don't want to be the bearer of bad news however I think it is 1 month from the date printed on the letter i.e cut off would be 3rd of January

...anyone know what the case is?

bspm

Shiloe wrote: »

I don't want to be the bearer of bad news however I think it is 1 month from the date printed on the letter i.e cut off would be 3rd of January

...anyone know what the case is?

One month from the date on the letter, go figure.

bspm

You couldn't make this up.
:rotfl:

NYM

I imagine it would be posting date + 2 days for delivery by 1st class post. Have you still got the envelope and does it have a postmark ?
(actually, I'm not sure if they do have markings anymore..)

Re read the decision notice, it probably states that you can appeal the decision and it should give a time scale. 28 days, calendar month...etc.

mgdavid

bspm wrote: »

You couldn't make this up.
:rotfl:

some of the OP's other threads are revealing, Winter Fuel Payment for instance.

dori2o

TELLIT01 wrote: »

Proof of posting is just that - evidence that you posted an item. It doesn't mean that it actually arrived at the DWP or that they lost it. For that you would have needed to send the item Recorded Delivery.
I really don't think you have any realistic chance of getting appeal accepted now.

Not quite corect.

Under the Interpretation Act 1978

unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

i.e unless it can be proven that the letter in question was not ever posted, the any such letter is deemed to have been received.

It's not actually necessary to have a proof of posting certificate in order for this legislation to apply, but having this proof of postage is certainly an advantage.

I've seen this enforced many times at HMRC when it comes to late filing penalties for self assessment especially since the First Tier tribunal case Heronslea Limited v HMRC [2011] UKFTT 102 (TC) which although doesn't set a precident as it's a first tier tribunal has forced a re-think at HMRC.

However, IMO it is not acceptable to falsely use a proof of postage certificate conveniently dated around the time that you would have had to have made an appeal, and this is likely to be considered fraud.