Health Conditions not in PIP2

The tribunal’s job is to consider all of the facts down to the date of the decision. That is the critical date.

Whether the facts existed and/or whether they were mentioned in the form or assessment isn’t decisive (although it could affect issues around the required period/effective date).

It’s important to remember that the form and assessment are just part of the evidence gathering process. They don’t limit the scope of the claim.

You can bring up things in the appeal which were not previously mentioned even if they could have been. You can appeal based on things which happened after the assessment but before the decision and which the DWP therefore did not know about.

Elliot Kent - 13 September 2024 10:42 AM

The tribunal’s job is to consider all of the facts down to the date of the decision. That is the critical date.

Whether the facts existed and/or whether they were mentioned in the form or assessment isn’t decisive (although it could affect issues around the required period/effective date).

It’s important to remember that the form and assessment are just part of the evidence gathering process. They don’t limit the scope of the claim.

You can bring up things in the appeal which were not previously mentioned even if they could have been. You can appeal based on things which happened after the assessment but before the decision and which the DWP therefore did not know about.

Thanks for this.

Is there any specific caselaw on the last point? There’s a couple of Judge’s who refuse to discuss anything other than what was in the form (and occasionally the assessment)

Thanks

R(DLA)2&3/01 paragraph 9

9. Section 33(7) limits the tribunal’s jurisdiction to the claimant’s entitlement. In the case of a claim for a disability living allowance, the jurisdiction is limited to the inclusive period from the date of claim to the date of the decision under appeal. The effect is also to limit the evidence that is relevant to the appeal. The only evidence that is relevant is evidence that relates to the period over which the tribunal has jurisdiction. However, it is the time to which the evidence relates that is significant, not the date when the evidence was written or given. It does not limit the tribunal to the evidence that was before the officer who made the decision. It does not limit the tribunal to evidence that was in existence at that date. If evidence is written or given after the date of the decision under appeal, the tribunal must determine the time to which it relates. If it relates to the relevant period, it is admissible. If it relates to a later time, it is not admissible