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RECENT TRIBUNAL DECISIONS
- Alan
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7 years 2 months ago #183261 by Alan
Replied by Alan on topic RECENT TRIBUNAL DECISIONS"
Oh dear
It looks like I've said something wrong! I'm just wondering which is right is it claims or the decision as this is VERY IMPORTANT to me as I'm most likely looking at going to appeal.
It looks like I've said something wrong! I'm just wondering which is right is it claims or the decision as this is VERY IMPORTANT to me as I'm most likely looking at going to appeal.
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- Gordon
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7 years 2 months ago #183290 by Gordon
You haven't said anything wrong
The DWP had an opportunity when they wrote the Statutory Instrument that changes the Descriptors, to define how existing (re)assessments would be affected, they chose not to which means that their intention is that it will apply to all new Decisions from the 16th onward.
This doesn't stop you arguing, if you do have to appeal, that as your claim was starred before the change the UTT Decision should apply, I just don't believe that the panel will apply it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic RECENT TRIBUNAL DECISIONS"
Alan wrote: Oh dear
It looks like I've said something wrong! I'm just wondering which is right is it claims or the decision as this is VERY IMPORTANT to me as I'm most likely looking at going to appeal.
You haven't said anything wrong
The DWP had an opportunity when they wrote the Statutory Instrument that changes the Descriptors, to define how existing (re)assessments would be affected, they chose not to which means that their intention is that it will apply to all new Decisions from the 16th onward.
This doesn't stop you arguing, if you do have to appeal, that as your claim was starred before the change the UTT Decision should apply, I just don't believe that the panel will apply it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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7 years 2 months ago #183336 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic RECENT TRIBUNAL DECISIONS
Alan
I've just been informed that we have changed our advice and it now the date of claim that is relevant and not the Decision date.
Gordon
I've just been informed that we have changed our advice and it now the date of claim that is relevant and not the Decision date.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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