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TOPIC: From when does case law apply?

From when does case law apply? 1 week 6 days ago #241190

I'm curious as to when case law applies, be it for ESA, PIP or whatever:

- does it start applying immediately the decision issues?

- or does it have to be recorded in a new case law publication first?

- can it apply retroactively to an application which was started (or even finished, maybe) before the decision was issued? I'm assuming not - in which case I could see grounds for starting a new application if there was some new case law which seemed favourable.

(Or any other aspects of the subject heading which I haven't covered above)

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Carer for a long-term ME/CFS sufferer

From when does case law apply? 1 week 6 days ago #241191

Hi Alisp

Any claimant can quote case law in their applications or in a mandatory reconsideration if they believe it will strengthen their position. Whether it will influence a decision I do not ultimately know.

If a claimant goes to appeal - it goes to the tribunal service. I know of claimants who have again used case law in their own papers and this is something the panel and ultimately judge will see and will note whether it is relevant. The panel themselves may use case law leading to a win for the claimant or less often for the DWP. They might also make a new ruling that becomes case law

If a claimant loses at their appeal hearing they can appeal for their case to be heard by the Upper Tribunal, however, they can only do this if the First Tier Tribunal made an error in applying the law.

BIS

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

From when does case law apply? 1 week 6 days ago #241204

Thanks, BIS. I was more curious to know whether, for instance, something which wasn't case law when an application was started could be applied retroactively to that application (or a later stage of it), or whether only the case law which existed at the application (or MR or appeal) stage would apply. I just wondered whether, if the courts moved the goalposts, so to speak, sometime during the application process, that could end up helping or alternatively putting the kybosh on someone's case.
Presumably that would be a lesser version of what's happened with the fairly recent decision relating to mental health and was it mobility, can't remember its name, which has I think led to a lot of people getting backdated payments?

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Carer for a long-term ME/CFS sufferer

From when does case law apply? 1 week 6 days ago #241212

alisp

it depends on when the UTT Decision applies from, most apply from the date of the Decision but some can apply from a specific date due to other factors.

UTT Decision made by a single Judge are not binding on the DWP or indeed a First Tier Tribunal although the latter would be expected to explain why they have not applied a Decision assuming that it is actually relevant in the first place.

Gordon
The following user(s) said Thank You: alisp

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: by Gordon.
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Moderators: GordonGaryBIS