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Reasons to go to upper tier tribunal

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2 weeks 3 days ago #309625 by Tess2012
Reasons to go to upper tier tribunal was created by Tess2012
Hello
Sorry if this should be on another thread but I can't work out how to post on a thread.
My partner and I attended pip tribunal today. I had challenged zero points on managing budgetting decisions as his daughter is his appointee and had set up all of his direct debits when he had his stroke 3 years ago but she lives in Scotland and cannot do this regularly
She has agreed I have third party access to his account so I can monitor and help on a day to day basis. My partner does not have a banking app or any online access to his accounts. Therefore it is my opinion this constitutes being unable to manage complex budgetting decisions.
His medication comes in a blister pack or he wouldnt remember when to take his meds. He also needs prompting to take his medication from his daughter and myself and I have set up a reminder on alexa for him which I think constitutes needing an apliance (blister pack) and prompting and still he sometimes forgets.
I asked the tribunal panel to look at these descriptors in particular and provided evidence via photo of medication pack with leftover meds at the end of the week. My partner also said he has leftover meds at the end of the week.
When the tribunal asked if he managed his own bank accounts he said yes (he doesn't even have access) I had also provided a screenshot of a message from his daughter saying he will overspend and not keep money for rent etc. The tribunal asked why his daughter might say this and he said he would dispute that he needs her help.
So the tribunal have upheld the dwp decision and stated the points he was given on other descriptors but not mentioned the two above I had disputed.
My partner afterwards said he didn't think he should tell them about my accessing his bank account in case they thought that was 'dodgy'
He us quite unrealistic in thinking he can manage and has debt collectors letters I provided as evidence.
I feel he contradicted what I had said in appeal due to not wanting to be seen as pathetic and unable to manage himself after he had run a successful restaurant business in the past.
Do I have any grounds to appeal this to upper tier tribunal as I feel they ignored the evidence I had provided.

Many Thanks
Tess

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2 weeks 2 days ago #309637 by David
Replied by David on topic Reasons to go to upper tier tribunal
Hi Tess2012

Correct me if I am wrong but are you saying that your partner has a DWP Appointee who lives in Scotland and that you both live in England? Which part of England?

David

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1 day 7 hours ago #310112 by Tess2012
Replied by Tess2012 on topic Reasons to go to upper tier tribunal
Yes my partners daughter lives in Glasgow, my partner and I live separately in England..

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1 day 7 hours ago #310113 by Tess2012
Replied by Tess2012 on topic Reasons to go to upper tier tribunal
Hi David. No his daughter manages his finances not a DWP appointee but she set up all his direct debits etc and has set up a weekly allowance for him to withdraw in cash as spending money for food etc...she lives in Scitland and he lives in England.

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1 day 6 hours ago #310114 by Tess2012
Replied by Tess2012 on topic Reasons to go to upper tier tribunal
Hi David
His daughter manages all of his direct debits etc and lives in Scotland. My partner lives in england

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22 hours 47 minutes ago #310128 by David
Replied by David on topic Reasons to go to upper tier tribunal
Hi Tess2012

As far as I can see here there is no error in law that would allow a referral to the Upper Tribunal.
The claimant disputed the information and the tribunal accepted his evidence which is reasonable.
The fact is that the Appointee should have been present and could have intervened and as Appointee the Tribunal would have given weight to the testimony.
Furthermore if the DWP were to be aware of this situation they probably would consider removing the Appointeeship and award it to some like yourself who is obviously a lot closer to your partner.
Have you thought about becoming the Appointee?

David

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