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PIP Tribunal - HMRC appeal decision
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6 years 1 month ago #215592 by scabbycat1
PIP Tribunal - HMRC appeal decision was created by scabbycat1
I have just managed the ordeal of attending (on my own) my PIP Appeal Tribunal after my HP medical nearly a year ago. Exhausting, upsetting and very demoralising. The Tribunal gave me a decision notice before I left today stating I was entitled to daily living component at the enhanced rate as well as the mobility component at the enhanced rate. I am scared that HMRC will now appeal the Tribunal decision. What can I do please?
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6 years 1 month ago #215626 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Tribunal - HMRC appeal decision
BK
First of all congratulations on the award, well done, especially if you went on your own.
I'm afraid there is nothing you can do to prevent the DWP appealing the Decision, like you, they have a further right of appeal but only because they believe that there has been an Error of Law in the making of the Decision, not because they think the Decision is wrong.
What is an Error of Law?
In reality, appeals at this stage are very rare and you may be worrying yourself needlessly.
It usually takes the DWP 5-8 weeks to process a Tribunal result, I would give them a call in a couple of days to make sure that they have received the Decision Notice.
Gordon
tags: @RESULT @PIP @APPEAL
First of all congratulations on the award, well done, especially if you went on your own.
I'm afraid there is nothing you can do to prevent the DWP appealing the Decision, like you, they have a further right of appeal but only because they believe that there has been an Error of Law in the making of the Decision, not because they think the Decision is wrong.
What is an Error of Law?
In reality, appeals at this stage are very rare and you may be worrying yourself needlessly.
It usually takes the DWP 5-8 weeks to process a Tribunal result, I would give them a call in a couple of days to make sure that they have received the Decision Notice.
Gordon
tags: @RESULT @PIP @APPEAL
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 1 month ago #215666 by scabbycat1
Replied by scabbycat1 on topic PIP Tribunal - HMRC appeal decision
Thank you for clarification on possible dwp appeal. Law was followed (I checked once got breath back), so in theory if they cannot appeal the tribunal decision - which i quote states ' In reaching its decision the Tribunal placed particular reliance upon the evidence of the Appellant and extensive written medical evidence' - the Judge even commended me on my courage to go through the appeal and answer as best as I could for over 1 hour - massive ordeal, but they were really kind.
More important - CAB advisor told me yesterday that the arrears of £6K will be treated as capital by ESA and I have 52 weeks where it is disregarded - I'm sure this is wrong, please advise.
More important - CAB advisor told me yesterday that the arrears of £6K will be treated as capital by ESA and I have 52 weeks where it is disregarded - I'm sure this is wrong, please advise.
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6 years 1 month ago #215676 by Gordon
I'm afraid back payments are only disregarded for a year, after this, they become capital and are considered by Income RElated benefits.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Tribunal - HMRC appeal decision
BK wrote: Thank you for clarification on possible dwp appeal. Law was followed (I checked once got breath back), so in theory if they cannot appeal the tribunal decision - which i quote states ' In reaching its decision the Tribunal placed particular reliance upon the evidence of the Appellant and extensive written medical evidence' - the Judge even commended me on my courage to go through the appeal and answer as best as I could for over 1 hour - massive ordeal, but they were really kind.
More important - CAB advisor told me yesterday that the arrears of £6K will be treated as capital by ESA and I have 52 weeks where it is disregarded - I'm sure this is wrong, please advise.
I'm afraid back payments are only disregarded for a year, after this, they become capital and are considered by Income RElated benefits.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 1 month ago #215706 by scabbycat1
Replied by scabbycat1 on topic PIP Tribunal - HMRC appeal decision
do i have to prove where every penny spent or is it cash sums of a certain value withdrawn from my account?
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6 years 1 month ago #215707 by scabbycat1
Replied by scabbycat1 on topic PIP Tribunal - HMRC appeal decision
can I use some of it for building works to make home more suitable for independant living (downstair shower & toilet) and if my builder will let me have discount by paying him cash for professional job is this an approved used of the arrears?
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