We have had recent experience where one of our clients had their PIP award significantly reduced following a tribunal hearing. We always advise our clients that there is a risk that their award will reviewed and that a tribunal can decide to make a less favourable award but not had it happen before. We have a number of clients who are obviously very nervous about appealing even when we think there is merit in the appeal and obviously this recent experience has spooked us as well.
I have done some research and read about the Benchbook which gives the guidance for how tribunals should be managed but can't seem to find any content for it. We are wondering is if there is an obligation on a tribunal to warn the client about the possible reduction at the hearing and whether the client could/should have a chance to withdraw their appeal?
Follow the link and scroll right down the page - You can see a copy of the Benchbook - though it is an outdated copy as the Tribunals Service refuse to release an up-to-date one benefitsandwork.co.uk/guides-for-claimants/pip
Yes, the Tribunal chair should have warned the claimant that their award was at risk and offered them the opportunity to withdraw their appeal.
BIS
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