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Can Tribunal ignore DWP offer of PIP points after decision without warning appellant?
Hope someone can steer me on this…
Appellant turned down in tribunal last week.
On initial claim they achieved 1b and 4b for DL; and 12 b for moving around.
On MR DWP agreed 1b, 4b and 5b for DL; and 12b for mobility – so an increase but no award.
After applying for a Tribunal, DWP called and offered 6b, but still 12b for mobility – so standard DL offered. This was noted in the tribunal bundle and highlighted in the rep’s submission.
I said to appellant they wouldn’t get more for DL but I thought they would have a chance at standard mobility, so we kept the appeal live.
At the hearing last week, the panel turned appellant down for both components, maintaining the 6 points for DL and 4 for mobility. I’m really surprised and of course disappointed.
I’m pondering next steps and have asked for an SoR.
One thing I need clarification on is the status of the two points for aids for dressing offered by DWP that the panel refused to grant.
I thought tribunals have to work on the basis that the 2 points (in this case) offered post MR formed part of the award, and couldn’t be taken away unless a warning was given; ie they had to work on the basis that standard daily living was already awarded.
Have I got that wrong? If I’m right, it would really help to know which bit of guidance, or law, explores and/or confirms it.
Grateful for any help on this!
Ben
[ Edited: 11 Jul 2023 at 11:42 am by BenF ]
Oh! That’s incredibly helpful - thank you!