Good afternoon to you all!!!.

DM awarded LM indefinitely but no Care.
Appealed for higher care – appeal failed and LM limited.
Case went to Commissioner --.
Meanwhile, claimant reapplied with evidence of deterioration and got HM and HC.
Commissioner set aside appeal decision and with good direction sent case for rehearing.
Now, claimant would not come to rehearing cos’ of health reasons.
Question: any need to inform tribunal about the award of HM + HC.
If so, at what stage? i.e. in the submission for rehearing or in a letter from client to inform tribunal that they cannot attend due to present health condition.
(by the way; Is that award not already in the documents from dwp and would be known to the tribunal?).

Can the new tribunal touch or visit the running award – reference to above.

Thanks to all that responds.

The way I see it following R(IB)2/04, the Tribunal can substitute any decision that it sees fit for the decision under appeal, but not for any other decision not under appeal.

The new award of HC is s superseding decision and the Tribunal has no jurisdiction over it unless it comes under appeal, (which of course it wont....unless the SOS supersedes again for some reason)

The Tribunal's jurisdiction ends at the date of the decision under appeal and it can only consider facts that pertained up to that date.

The award of HC should not have any relevance to the Tribunal