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Decision decision decisions!!!
Oh dear this is crazy!
Client was awarded LR care and mobility in July 2008. We appealed against the decision. Appeal failed. We then appealed on a point of law. Appeal allowed.
Submission recently written and sent to DWP and T/S. Hearing was held on 12th April 2011. T/S could not give a decision and advised decision would be sent in post.
Yesterday, we received decision from DWP. Decision revised in clients favour from July 2008. HR care & HR mobility for an indefinite period.
This morning we receive a decision from T/S. Decision revised in clients favour, but only awarding MR care, mobility to stay at LR.
Does any have any idea how this will end. Does the DWP decision supersede the T/S decision?
If the DWP changed the decision in your client’s favour before the date of the Tribunal hearing the case then the appeal lapses and the tribunal decision does not stand.
Write to you regional Judge for clarification.
If the DWP changed the decision in your client’s favour before the date of the Tribunal hearing the case then the appeal lapses and the tribunal decision does not stand.
Write to you regional Judge for clarification.
Yes it was. So the appeal would have lapsed. Can the DWP change their decision, based on the decision of the Tribunal? Sorry probably a silly question, surely they would not be able to?
The other problem is (which my client has just informed me!!) his nurse made a further claim for DLA (supersession) 8 weeks ago!! Am I right in thinking that any new decision made will supersede the recent decision?!
Clients (huff!) you try your best for them…fight to the bone for them and then they do something that lands you right back to square one!!!
Thank you
The tribunal had no jurisdiction to hear the case so its decision has no legal force. So the Department’s revised decision stands. On the supersession claim, your client (or advocate) should contact the Department and get it withdrawn immediately before a decision is made unless there has been a genuine change of circs. And remember the onus is on the Department to make out ground for supersession. As the only lawfully subsisting award is HR mob/HR care then (assuming it was not based on mistake to or ignorance of a material fact) then the only relevant change of circs would be an improvement in condition which was material enough to put the award in question.
The tribunal had no jurisdiction to hear the case so its decision has no legal force. So the Department’s revised decision stands. On the supersession claim, your client (or advocate) should contact the Department and get it withdrawn immediately before a decision is made unless there has been a genuine change of circs. And remember the onus is on the Department to make out ground for supersession. As the only lawfully subsisting award is HR mob/HR care then (assuming it was not based on mistake to or ignorance of a material fact) then the only relevant change of circs would be an improvement in condition which was material enough to put the award in question.
Thanks Nevip,
I will make a call and get the DLA claim withdrawn. I actually didn’t think you could do that once a claim had been submitted?
Regulation 5(2) of the Claims and Payments Regulations, if your’e questioned.
MAke sure you have clients authority to withdraw the new application, helpline is likely to ask for it!
Thanks people!!
Probably the DWP forgot to tell the TS that they had revised their decision. It happens. Sometimes they tell the appellant and it’s only when the tribunal clerk rings the appellant to find out why they haven’t turned up that the tribunal finds out about the revision.