A client wishes to appeal a tribunal decision to the Upper Tribunal on the basis of non-consideration of evidence at the hearing. I know how long this can take and so I am wondering if, during this time, he can also put in a new claim for PIP? If a new claim is allowed during the appeal procedure, how would it affect the appeal decision, if successful? Would his new claim limit any appeal award to the date of his new claim, as a cut-off date? Which decision, in the event of a difference, would apply in the future?
As this will produce a new Decision, it will limit any award that results from the further appeal, so if an Enhanced award is made as a result of the UTT appeal and the claim result in a Standard award, then it is the Standard award that will be carried forward but it will create a new right of appeal,
Gordon
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