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Thread: Tribunal decision - what exactly does this mean?

  1. #1

    Tribunal decision - what exactly does this mean?

    Hi, wondering if there is anyone who could tell me for certain if DWP have chosen the correct date to backdate to. I had a tribunal decision that upheld my position. DWP then had to backdate my PIP mobility at a higher rate.

    Problem is the decision notice seems to directly mention one date in 2019, whilst alluding to an even earlier one from 2018. DWP chose only to backdate to 2019.

    Background: I was first contacted about a review 2018. They then delayed it for a year. Had the review in 2019.

    The decision specifies that the award dates are: **/**/2019 - **/**/ 2022. Further down the page it states that the award is to begin on the day the review was first initiated in 2018.

  2. #2
    Senior Member nukecad's Avatar
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    A tribunal ruling applies to the date when the decision being appealed was made.

    Whilst they may refer to earlier dates (earlier decisions, earlier assessment dates, etc.) it is only the one decision that they are ruling on so their ruling only applies to that one decision date.

    However, if they specifically ruled that an award should be applied from a certain date then that is when it should be applied from.
    (Always noting that First Tier Tribunals can make mistakes in interpreting the law and then be overruled by an Upper Tribunal, but the DWP can't just overrule a tribunal themselves they have to take it to UT).
    I don't know everything. - But I'm good at searching for, and finding, stuff.

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  3. #3
    Quote Originally Posted by nukecad View Post
    A tribunal ruling applies to the date when the decision being appealed was made.

    Whilst they may refer to earlier dates (earlier decisions, earlier assessment dates, etc.) it is only the one decision that they are ruling on so their ruling only applies to that one decision date.

    However, if they specifically ruled that an award should be applied from a certain date then that is when it should be applied from.
    (Always noting that First Tier Tribunals can make mistakes in interpreting the law and then be overruled by an Upper Tribunal, but the DWP can't just overrule a tribunal themselves they have to take it to UT).
    Nuke, thanks for replying. You always give good answers. But could you have a read at the excerpt below. I'm still confused. Having a slow day.

    The notice states:

    "...entitled to the mobility component at the enhanced rate from **/**/19 to **/**/22.

    and, then goes on to say:

    "The start date of the award of the mobility component is the date upon which the Secretary of State initiated the planned review of the previous award. The appellant mentioned that they were contacted by the Secretary of State on ** Nov 18 with the planned review form. There is nothing in the papers which would contradict this. This is in accordance with Paragraph 18 to Schedule 1 of the Universal Credit etc. (Decisions and Appeals) Regulations 2013.

  4. #4
    Senior Member nukecad's Avatar
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    I see what you are saying.
    They appear to have given 2 different dates for when the award should start, but I believe that they are referring to two different things.

    I read it that they are saying that you should have had Standard rate Mobility from 2018, then Enhanced rate from 2019 following your actual review/assessment decision.

    That would tie in with what I said above about them only being able to change the particular decision that is under appeal.
    (If you wanted to appeal an earlier decision then that would be a different appeal).

    So I read it that they are saying that they could increase the Mobility award as from that review/decision date in 2019, but they couldn't legally change anything before that date, only say that it should have continued as it was which is what they have stated.
    Or in other words they are saying that your PIP should have continued as it was between you submitting the form and having the review, and then increased following the review.

    You could ring the clerk of the court and ask for a clarification, there may also be a Judges 'Statement of Reasons' but they don't always need to do one for a first tier tribunal.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  5. #5
    Quote Originally Posted by nukecad View Post
    I see what you are saying.
    They appear to have given 2 different dates for when the award should start, but I believe that they are referring to two different things.

    I read it that they are saying that you should have had Standard rate Mobility from 2018, then Enhanced rate from 2019 following your actual review/assessment decision.

    That would tie in with what I said above about them only being able to change the particular decision that is under appeal.
    (If you wanted to appeal an earlier decision then that would be a different appeal).

    So I read it that they are saying that they could increase the Mobility award as from that review/decision date in 2019, but they couldn't legally change anything before that date, only say that it should have continued as it was which is what they have stated.
    Or in other words they are saying that your PIP should have continued as it was between you submitting the form and having the review, and then increased following the review.

    You could ring the clerk of the court and ask for a clarification, there may also be a Judges 'Statement of Reasons' but they don't always need to do one for a first tier tribunal.
    Thanks for that explantion. That makes some sense.

    Struggling to get through right now. They won't put me through to a clerk. I've called a couple of times. I sent an email off a week ago asking for clarification of the dates. Just need to wait and see when they will get back to me.

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