SPM60225 - Disputes, Decisions, Reviews and Appeals - The Dispute

Settling the dispute without a formal decision

It may be possible to settle a dispute between an employer and employee by:

• verbally explaining the conditions of entitlement to the employer or employee
• arranging for an independent medical opinion, see SPM50000
• giving an opinion in writing based on the facts and how the law should be applied.

However, an employee is entitled to ask for a formal decision and a Jobcentre Plus or, in Northern Ireland a Jobs and Benefits Office, decision maker should always give a formal decision when one is requested on behalf of the Secretary of State for Work and Pensions or the Department of Social Development.

An opinion should normally only be given when there is enough evidence available to give a formal decision but it can be changed should further representations be made or evidence offered by either party.

If the employer or employee does not accept the opinion and there is no further evidence to consider, a Nominated Officer should be asked to give a formal decision under section 8 of SSCTOFA 1999/article7of SSCTOFO(NI)1999. See SPM60300.