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Why can't dwp over turn tribunal ruling
- CarolynC
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4 years 4 months ago #254375 by CarolynC
Why can't dwp over turn tribunal ruling was created by CarolynC
I was just sitting here going through the information about the supreme court ruling on support to be able to engage with others face to face. And I have had a read of some of the topics here.
What is playing on my mind is dwp have said that they can't over turn a claim delt with a tribunal. Which to me means that they have to abide by the tribunal ruling.
Well 4 years ago after my tribunal (which I lost everything) when I enquired a number of times when my dla was going to end (getting no answer) and stated that I possibly knew why they hadn't closed my claim down. I was told that they don't do that sort of thing and that they don't have to follow a ruling by the tribunal.
Am I wrong or is that not the same thing?
Also what about the argument of the tribunal wouldn't have happened if the correct point's for care element was given. Wouldn't that render the tribunal proceedings null and void?
What is playing on my mind is dwp have said that they can't over turn a claim delt with a tribunal. Which to me means that they have to abide by the tribunal ruling.
Well 4 years ago after my tribunal (which I lost everything) when I enquired a number of times when my dla was going to end (getting no answer) and stated that I possibly knew why they hadn't closed my claim down. I was told that they don't do that sort of thing and that they don't have to follow a ruling by the tribunal.
Am I wrong or is that not the same thing?
Also what about the argument of the tribunal wouldn't have happened if the correct point's for care element was given. Wouldn't that render the tribunal proceedings null and void?
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- Gary
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4 years 4 months ago #254382 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Why can't dwp over turn tribunal ruling
Hi Carolyn
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.
Welcome to Benefits and Work .
I am a bit lost in what you are asking for. DWP have to follow the same rules as you or me when dealing with a First Tier Tribunal Decision they have to ask for a 'Statement of Reason' for the decision and then appeal to the Upper Tribunal, but they can only appeal on a point of law and not because they did not like the decision.
The same applies to claimants at a Tribunal hearing, there are strict time limits in which to request a 'Statement of Reason' and then appeal to the Upper Tier Tribunal.
The Tribunal proceedings would not be null and void if the decision maker had awarded the correct points for the care element, the whole idea of the Tribunal is that they are independent from the DWP and their decision overrides any decision made by the DWP, if the claimant is not happy with the decision then they have to request in writing for a copy of 'the Statement of Reasons' from HMCTS.
Gary
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.
Welcome to Benefits and Work .
I am a bit lost in what you are asking for. DWP have to follow the same rules as you or me when dealing with a First Tier Tribunal Decision they have to ask for a 'Statement of Reason' for the decision and then appeal to the Upper Tribunal, but they can only appeal on a point of law and not because they did not like the decision.
The same applies to claimants at a Tribunal hearing, there are strict time limits in which to request a 'Statement of Reason' and then appeal to the Upper Tier Tribunal.
The Tribunal proceedings would not be null and void if the decision maker had awarded the correct points for the care element, the whole idea of the Tribunal is that they are independent from the DWP and their decision overrides any decision made by the DWP, if the claimant is not happy with the decision then they have to request in writing for a copy of 'the Statement of Reasons' from HMCTS.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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