I have had information to the effect that when a person makes a claim to JSA following a PCA decision finding them capable of work, and an appeal against that decision succeeds, a new claim to Income Support/INCAP must be made. Is this correct? I ask this as my opinion is that a simple revision of the decision stopping INCAP and Income Support would be sufficient on the grounds of mistake as to a material fact. Simply speaking the claimant travels back in time to when the removal decision was made and it is as though the decision never happended. Thus, Income Support and INCAP re-instated without the trail offered by the contact centre new claims delays and other nonesense. Any ideas or opinions much appreciated. Thank you.

Fri 28-Apr-06 03:49 PM by shawn

who ever told you that a new claim is required after a successful appeal is likely to tell you that the dead parrot is merely pinin' for the fjords.

the Secretary of State's decision has been revised by the tribunal.
the disallowance was overturned.
the appeal succeeded.
the DWP and it's antecedents have been successfully implementing tribunal's decisions since 1948. and suddenly...

what part of dead parrot don't they understand?

jj

Thu 27-Apr-06 01:07 PM by Paul Treloar

Submitting a new claim could also raise the possibility of the res judicata principle applying, so that if your client was turned down for any reason on the subsequent new claim, the tribunal's decision would only be effective up to the date of this new decision, thus invalidating the tribunal decision to all useful intents and purposes.

Sounds barmy to me, tbh. It is the JSA claim that would lapse automatically when the pre-existing IB/IS claim is found by the tribunal to, effectively, still maintain under regulations.

Calm down, calm down. I agree I agree. I do think I need to pursue this via the local JC+ and/or DWP who seem to be appplying this procedural nonesense. Watch this space should anything untoward occur. Thank you one and all; most helpful, as always.

Our IB section has moved to Bolton and now I have a similar problem. The client was knocked off benefit for failure to attend a medical and appealed, he came to us for help with the appeal and when we wrote to the IB office we were told that the decision had already been revised in his favour and he had been paid up to the date he got JSA from and they are saying he needs to make a new claim.

How did you go on with straightening it out Paddy?