I should really know the answer, but age being what it is .....
We finally got an award at tribunal after one adjournment, one appeal to Comms and a new hearing yesterday. The original application date was 13.3.03.

However, in the meantime, the client had made a new application on 21.12.04, which was rejected - she did not appeal it.

The PO brought this up at the Hearing, and the Tribunal have only made the award to run from 13.3.03 to 21.12.04, and I can.t for the life of me remember why ....?

The principle of res judicita, which in benefit terms means that you cannot have two decisions awarding benefit for the same period.

Regards
Paul

and s17 SSA 1998 - subject to revision, supersession or appeal any decision under the act is final. You will have to appeal the second decision.

Although if the Tribunal is not aware of a subsequent claim and awards benefit past the date of a new claim, I have found that either the relevant benefit section will revise the second decision in line with the Tribunal decision or, last time, DLA considered themselves bound by the decision of the Tribunal. And who am I to argue with the wisdom of the DWP?

Mike sorry to hijack your posting,

but i've got a slightly similar case, basically (to cut a long story short) it goes like this Tribunal awards low care DLA, appeal to commissioners, though Chair sets aside the decision, new hearing next wednesday. In the interim while the leave to appeal to commissioners was pending we got further med evidence from Consultant and GP and applied for a supercession to increase the low care to high care and high mob, anyway despite the powerful evidence, DM doesn't change decision, so appeal decision, so far appeal has only been lodge, nothing has happened in the way of DWP submission etc.

help, anythoughts andy