What is the date of decision?

Hi,

My client was originally awarded lower rate care and higher rate mobility at a tribunal in 2009.

Her condition got worse and in April 2010 she requested a suppression form that we filled in and returned in May.  The award was revised on 17/06/2010 and removed the Mobility component completely from 11/05/10 and continued with the lower rate care.

On 22/06/10 we requested a statement of reasons and then made an appeal on 13/07/2010.

On 03/08/ 2010 the award was revise in her favour and lower care was awarded along with higher rate mobility (same as original award).

We then made a late appeal against the decision of 03/08/2010 on 06/10/2010. This late appeal was accepted and the case has been referred to the tribunals service.

I now need to get further medical evidence for the tribunal but have got myself in a muddle over what the tribunal can take into account - i.e. what is the date of decision I am actually referring to? As I don’t want to tell the GP to comment on her condition in August 2010 to only find out they cannot take this into account and I should have referred to June 2010?

Any help would be appreciated.

Thank you

I think the date in question would be 03.08.10, a more favourable decision was made on the claim of 17.06.10 so any appeal against that decision would automatically lapse.

In the light of what happened I loved the idea that a ‘supression form’ was filled in- that just what it did, suppress the award! Great pun, but don’t mention it to the DWP in case they get ideas

Pete

The 2009 tribunal would have awarded DLA from the date of the original claim, say Oct 2008.  The decision of 17/6/10 is a supersession not a revision because it changes entitlement only from 11/5/10.  If it had been a revision it would have removed the HRM from, on the present info, the date of the original decision, eg Oct 2008.

The 17/6/10 supersession is then itself revised by the decision dated 3/8/10.  Because the latter is more advantageous to the client, her appeal lapses (Reg 30 D&A).  Whilst the one month time limit for appealing runs from 3/8/10 the decision under appeal is actually the one which is revised, ie 17/6/10.  See para 53 of R(IB)2/04:

“….In the case of a decision under section 9, whatever the substance of the position may be, it is the original decision which is required to be treated as under appeal. The identification of the decision under appeal is vital because, in deciding the appeal, the appeal tribunal cannot take into account circumstances arising after the date of that decision (section 12(8)(b)).”

So I think the doctor should comment on the client’s condition upto and incl 17/6/10.