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Tribunal limits
- Neville Ring
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7 years 2 months ago #179290 by Neville Ring
Tribunal limits was created by Neville Ring
Hi
Not at all sure if I am in the right part of the website, having trouble navigating the whole thing.
I helped my stepdaughter with a recent tribunal, the original assessments were littered with errors and mistakes, the Tribunal board agreed that the assessments were wrong and awarded the enhanced level on both counts.
However the award was only until May 2017, the Tribunal was December 2016. Only a few months.
The whole point of seeking the higher limit was so that we can obtain a Mobility car, required because of her poor health and physical condition.
Obviously there is no point in applying for a vehicle if it can be taken away in May, we can't plan for the future because we don't know what will happen next
Has anybody got experience of this and can you appeal against the period of time granted ?
Neville Ring
Not at all sure if I am in the right part of the website, having trouble navigating the whole thing.
I helped my stepdaughter with a recent tribunal, the original assessments were littered with errors and mistakes, the Tribunal board agreed that the assessments were wrong and awarded the enhanced level on both counts.
However the award was only until May 2017, the Tribunal was December 2016. Only a few months.
The whole point of seeking the higher limit was so that we can obtain a Mobility car, required because of her poor health and physical condition.
Obviously there is no point in applying for a vehicle if it can be taken away in May, we can't plan for the future because we don't know what will happen next
Has anybody got experience of this and can you appeal against the period of time granted ?
Neville Ring
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- Gordon
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7 years 2 months ago #179341 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal limits
N
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
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The award will have been made in relation to the date of the original Decision, it sounds like it was a one year award.
I'm afraid there is nothing you can realistically do about this.
Although the award length is part of the Decision and therefore open to challenge now that a Tribunal has ruled on her claim, their Decision can only be challenged if an Error of Law had occurred in it's making. Even if you could show that this had occurred I think it unlikely in the extreme that a challenge could be completed within the time available before her current award expires and a new reassessment is ordered.
A new reassessment will create a new Decision which will supersede any revised Tribunal Decision going forward.
The best that I can advise is to use the Tribunal Decision as evidence for her next reassessment to hopefully result in a longer award that can be used for a Motability vehicle.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
The award will have been made in relation to the date of the original Decision, it sounds like it was a one year award.
I'm afraid there is nothing you can realistically do about this.
Although the award length is part of the Decision and therefore open to challenge now that a Tribunal has ruled on her claim, their Decision can only be challenged if an Error of Law had occurred in it's making. Even if you could show that this had occurred I think it unlikely in the extreme that a challenge could be completed within the time available before her current award expires and a new reassessment is ordered.
A new reassessment will create a new Decision which will supersede any revised Tribunal Decision going forward.
The best that I can advise is to use the Tribunal Decision as evidence for her next reassessment to hopefully result in a longer award that can be used for a Motability vehicle.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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