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A matter of precedence?

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5 years 3 months ago #226736 by alanclark62
A matter of precedence? was created by alanclark62
PIP
I had an award made at tribunal stopped prematurely on review. I appealed this cessation.
Whilst awaiting the hearing this award expired. I then made a new claim.
This new claim awarded me HRC only.
Subsequent to this new claim award my tribunal was heard. The tribunal decision awarded me HRC and HRM backdated prior to the commencement of the new claim and extending beyond the end date of the new claim award by two years.
Which award takes precedence?

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5 years 3 months ago #226768 by Gordon
Replied by Gordon on topic A matter of precedence?
Alan

The Tribunal Decision re-makes the Decision that you appealed and applies from the same date, your new claim made a new Decision that post-dates the original one and therefore the Tribunal Decision as well, so it the Enhanced Daily Living award that will be carried for.

However, the new Decision creates a new right of appeal, so you can request an MR and if necessary go on to appeal again, you can use the Tribunal Decision as evidence that a Mobility award should be made, although you will need to show that there has been no change in your condition since the original Decision was made.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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