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March 16th changes to PIP: PIP2 dated 08.03.17

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6 years 11 months ago #186417 by SandyT
My First Tier Tribunal was mid February and they stuck to the previous decision made by the DWP on a MR request.

I have asked for a statement of reasons (early march) and have still heard nothing back apart from "they have received the request" and wonder if they will actually change the decision now as both the 3 Judge UT decision & Statutory Instrument affect my claim.

Would seem a bit strange if they never looked at the change in the law since my FtT, and then allowed me to take the claim to an upper Tribunal which i am sure i would win as they already have all the evidence they need.

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  • bro58
6 years 11 months ago #186432 by bro58

SandyT wrote: My First Tier Tribunal was mid February and they stuck to the previous decision made by the DWP on a MR request.

I have asked for a statement of reasons (early march) and have still heard nothing back apart from "they have received the request" and wonder if they will actually change the decision now as both the 3 Judge UT decision & Statutory Instrument affect my claim.

Would seem a bit strange if they never looked at the change in the law since my FtT, and then allowed me to take the claim to an upper Tribunal which i am sure i would win as they already have all the evidence they need.


Hi ST,

Remember, even though your FTT hearing was "mid February" the Tribunal will be re-looking at the original decision, and applying the regulations as they were at the time of the original decision that you have appealed.

bro58

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6 years 11 months ago #186448 by SandyT
Thanks for that bro58 , but there is a bit of a twist in this where they have admitted a few "slips of pen" and re issued another "Corrected Decision" dated 23/03/17. Logically this would have been also the ideal time to supply a statement of reasons that i have requested but they have not done so.

I can understand what you are saying, where the law was applied at the time of the original decision. But as the case is still technically in the hands of the court, and has been looked at and amended again on 23/03/17 there must be some sort of allowance on how the law has changed in that space of time ??

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6 years 11 months ago #186518 by Gordon

SandyT wrote: Thanks for that bro58 , but there is a bit of a twist in this where they have admitted a few "slips of pen" and re issued another "Corrected Decision" dated 23/03/17. Logically this would have been also the ideal time to supply a statement of reasons that i have requested but they have not done so.

I can understand what you are saying, where the law was applied at the time of the original decision. But as the case is still technically in the hands of the court, and has been looked at and amended again on 23/03/17 there must be some sort of allowance on how the law has changed in that space of time ??


A Tribunal re-makes the original Decision from the original date so the law that applied at that time should be used.

Gordon

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