conclusion ?

Hi ccc,
If I understand your question correctly you want to know how a tribunal will look at the decision? Basically when a tribunal deals with an appeal it has the power to make any decision that DWP can lawfully make. More often than not the tribunal will need to look at everything because zero points have been awarded. However the rules say that a tribunal need not consider anything not raised in the appeal. So, if for example you were only disputing the length of the award then the tribunal are not obliged to consider eg if you have been awarded the correct points for preparing food. If the tribunal do wish to consider something not raised in the appeal they need to do this judiciously. This means that they have to have good reason and explain what they are doing and why. The tribunal will see all the papers, and particularly if there is an unrepresented claimant who makes a poorly worded appeal, the tribunal would legitimately want to explore more things. Alternatively, if it is clear that certain points should be awarded but neither DWP or the claimant has considered this, then of course it would be appropriate so to do. The caveat is that everything has to be transparent and properly explained. If matters are raised in the decision norice and subsequent full explanation (written statement of reasons) that has not been discussed or mentioned at the hearing there is an obvious risk there has been an error of law which could result in an appeal to the Upper Tribunal. Both claimant and DWP have the right to further appeal if there are errors of law.
If the tribunal wish to reduce an award, then by law they need to give a warning to the claimant, so he has a chance to discuss this with his representative, via an adjournment, or so he may to withdraw his appeal.
The tribunal comprises doctor, lawyer and disability expert, and are encouraged to draw on their expertise to make their decisions.
However there is an overriding objective of fairness, so whilst a tribunal can help an unrepresented claimant, the tribunal can't be seen to losing its neutrality.
Remember that the appeal is made by the claimant, so it is up to him to mention all the relevant matters.
I hope this answers your question please let us know if we can help further.
LL26

Hi ccc

When you appeal you write on the appeal paper what you agree with and you ask them to look at what you do not agree with and why you do not agree with the decision.

Ignore what the DWP are asking for, at the end of the day it is up to the tribunal what they decide to look at.

Gary