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Review after Tribunal assessment
- Jrpuk
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4 years 11 months ago #248234 by Jrpuk
Never give up, you need to look after number one cause the DWP won't help you
Review after Tribunal assessment was created by Jrpuk
Hi,
I have submitted at a review before my current PIP , which was after an tribunal appeal last time ( which I understand mean it would have finished in November 2020). I got taken off all pip my on April 20th. What I want to know is if I win at Mandatory Review. Will I get penalised with a non review pip assessment as the original pip was won via tribunal 2-3 years ago ? I think it awful theta if you have take them to court that you then get penalised and have to in essence reapply as a new fresh claim
I have submitted at a review before my current PIP , which was after an tribunal appeal last time ( which I understand mean it would have finished in November 2020). I got taken off all pip my on April 20th. What I want to know is if I win at Mandatory Review. Will I get penalised with a non review pip assessment as the original pip was won via tribunal 2-3 years ago ? I think it awful theta if you have take them to court that you then get penalised and have to in essence reapply as a new fresh claim
Never give up, you need to look after number one cause the DWP won't help you
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- Gordon
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4 years 11 months ago - 4 years 11 months ago #248257 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Review after Tribunal assessment
James
If your MR is successful and a revised Decision results in an award then it will be made on the same terms as any other award.
Whether a new award will require a renewal or a reassessment will depend on the length of the award, if it for less than two years (a short award) then it will be a renewal, if more (a long award) then a reassessment, two year awards can go either way. Although much has been made of awards made by a Tribunal it whether it is classed as short that determines how the DWP deal with it.
However, it is important to understand, this is all a construct by the DWP, the PIP legislation makes no mention of any of this and all Fixed Term awards end on their End Date unless a new award supersedes them or the DWP extends the award.
Gordon
If your MR is successful and a revised Decision results in an award then it will be made on the same terms as any other award.
Whether a new award will require a renewal or a reassessment will depend on the length of the award, if it for less than two years (a short award) then it will be a renewal, if more (a long award) then a reassessment, two year awards can go either way. Although much has been made of awards made by a Tribunal it whether it is classed as short that determines how the DWP deal with it.
However, it is important to understand, this is all a construct by the DWP, the PIP legislation makes no mention of any of this and all Fixed Term awards end on their End Date unless a new award supersedes them or the DWP extends the award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 11 months ago by Gordon.
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