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Tribunal

  • bro58
11 years 11 months ago - 11 years 11 months ago #105044 by bro58
Replied by bro58 on topic Tribunal

gary wrote: cheers bro58,

Its seems that the information ive been sent by the DWP may be wrong.
As they are clearly asking the new tribunal only to consider any award to be made up to my new caim date

I should mention this at new appeal just incase.


Hi g,

What the DWP have told you seems correct.

From your post it would seem that the original Tribunal decision has been set aside due to an error of the law.

Therefore, your appeal will be reheard. However, it will still be looking at the original adverse decision appealed, as with the first Tribunal's errant decision.

Any decision made by this Tribunal will only run until the date of the decision of the new claim that you made.

bro58
Last edit: 11 years 11 months ago by bro58.

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11 years 11 months ago #105046 by slugsta
Replied by slugsta on topic Tribunal
I think Gary is saying that the tribunal decision is going to run until the date the new claim was made rather than the decision relating to the new claim...

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: gary

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11 years 11 months ago - 11 years 11 months ago #105047 by Gordon
Replied by Gordon on topic Tribunal

gary wrote: cheers bro58,

Its seems that the information ive been sent by the DWP may be wrong.
As they are clearly asking the new tribunal only to consider any award to be made up to my new caim date

I should mention this at new appeal just incase.


The award is always based on the Decision date but this date may depend on how you made your new claim for DLA, new claims are different from renewals.

If you requested the claim forms from the DWP then they will have been dated and providing that you return the form within the six week allowed and specifically by the return date on the forms, then any successful Decision should apply from the issue date of the form.

If you did not request the claim forms or did not return them by the required date then the Decision will usually applies from the date they are received.

I hope that makes sense.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 11 months ago by Gordon.
The following user(s) said Thank You: gary

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11 years 11 months ago - 11 years 11 months ago #105048 by gary
Replied by gary on topic Tribunal

bro58 wrote:

gary wrote: cheers bro58,

Its seems that the information ive been sent by the DWP may be wrong.
As they are clearly asking the new tribunal only to consider any award to be made up to my new caim date

I should mention this at new appeal just incase.


Hi g,

What the DWP have told you seems correct.

From your post it would seem that the original Tribunal decision has been set aside due to an error of the law.

Therefore, your appeal will be reheard. However, it will still be looking at the original adverse decision appealed, as with the first Tribunal's errant decision.

Any decision made by this Tribunal will only run until the date of the decision of the new claim that you made.

bro58


spot on bro58 :cheer:

but I still think the dwp are using my new claim date which was earlier than their decision. As the new claim is still ongoing and will be heard at appeal after this current appeal, I believe any award given should be up untill my new claim decision and not claim date as the DWP are suggesting.

Am I correct bro58?
Last edit: 11 years 11 months ago by bro58.

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  • bro58
11 years 11 months ago - 11 years 11 months ago #105050 by bro58
Replied by bro58 on topic Tribunal

gary wrote:

bro58 wrote:

gary wrote: cheers bro58,

Its seems that the information ive been sent by the DWP may be wrong.
As they are clearly asking the new tribunal only to consider any award to be made up to my new caim date

I should mention this at new appeal just incase.


Hi g,

What the DWP have told you seems correct.

From your post it would seem that the original Tribunal decision has been set aside due to an error of the law.

Therefore, your appeal will be reheard. However, it will still be looking at the original adverse decision appealed, as with the first Tribunal's errant decision.

Any decision made by this Tribunal will only run until the date of the decision of the new claim that you made.

bro58


spot on bro58 :cheer:

but I still think the dwp are using my new claim date which was earlier than their decision. As the new claim is still ongoing and will be heard at appeal after this current appeal, I believe any award given should be up untill my new claim decision and not claim date as the DWP are suggesting.

Am I correct bro58?


Hi g,

Hopefully, Gordon's post above has fully clarified the issue for you?

bro58
Last edit: 11 years 11 months ago by bro58.

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11 years 11 months ago #105052 by gary
Replied by gary on topic Tribunal

Mrs Hurtyback wrote: I think Gary is saying that the tribunal decision is going to run until the date the new claim was made rather than the decision relating to the new claim...


correct mrs H :) :)

Thats what they are asking for. And as the second claim appeal date is a while away I believe any award given on the first appeal should be up till the second decision in the meantime

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