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DLA tribunal

  • Trundles
  • Topic Author
11 years 5 months ago #93740 by Trundles
DLA tribunal was created by Trundles
Hi all,
well it is here at last,tribunal on Mon think Im prepared despite being let down by my local CAB office who were helping me and said they had forwarded my additional info as reqyested 7 days prior to hearing found out today they have done nothing. hope i can take this info on the day and present to the clerk 15mins prior to hearing.

anyway one last question. in the bundle from the DWP they are asking the tribunal to look at the care componant of my claim nothing is mentioned regarding the mobility. Does this mean they will not consider this aspect im worried in case they reduce this.

Thanks to you all, I would not even of considered challenging this if I had not had all the help this site has provided. i feel i am as ready as I shall be.

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  • bro58
11 years 5 months ago - 11 years 5 months ago #93742 by bro58
Replied by bro58 on topic Re:DLA tribunal
Trundles wrote:

Hi all,
well it is here at last,tribunal on Mon think Im prepared despite being let down by my local CAB office who were helping me and said they had forwarded my additional info as reqyested 7 days prior to hearing found out today they have done nothing. hope i can take this info on the day and present to the clerk 15mins prior to hearing.

anyway one last question. in the bundle from the DWP they are asking the tribunal to look at the care componant of my claim nothing is mentioned regarding the mobility. Does this mean they will not consider this aspect im worried in case they reduce this.

Thanks to you all, I would not even of considered challenging this if I had not had all the help this site has provided. i feel i am as ready as I shall be.


Hi T,

Sorry to hear of your problems with the CAB.

If you are taking any documentation for the attention of The Tribunal, make sure that you have three identical copies for each one of the Tribunal panel, one for yourself, obviously, and it may be prudent to take another, in case the DWP send a presenting officer.

It may also help, if you explain what happened to you regarding the CAB.

As for your other question, as DLA is a single allowance, with two componenets (Mobility & Care) the Tribunal can look at the whole award, (Mobility & Care).

However, if they are thinking of reducing or taking away any component of your DLA, they must first warn you, to give you the opportunity to withdraw your appeal.

You may just wish to review our DLA Appeals Guide, which gives you an idea of how things should proceed.

DLA Guides

Good luck, please let us know how you get on.

bro58
Last edit: 11 years 5 months ago by bro58.

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  • Trundles
  • Topic Author
11 years 5 months ago #93743 by Trundles
Replied by Trundles on topic Re:DLA tribunal
thanks very much bro58 good job i got more ink for the printer today as i had not thought of multiple copies. I take it they have to give me this info regarding reducing at the start of the hearing, if they say nothing they cannot reduce/takeaway?.

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  • bro58
11 years 5 months ago #93744 by bro58
Replied by bro58 on topic Re:DLA tribunal
Hi T,

Even though it appears that you do not have a Rep : you may also wish to read this post :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=87354#87354

bro58

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  • bro58
11 years 5 months ago - 11 years 5 months ago #93746 by bro58
Replied by bro58 on topic Re:DLA tribunal
Trundles wrote:

thanks very much bro58 good job i got more ink for the printer today as i had not thought of multiple copies. I take it they have to give me this info regarding reducing at the start of the hearing, if they say nothing they cannot reduce/takeaway?.


Hi T,

They should only inform you of any risk to your current award, if they become aware of any evidence that may point to such an eventuality, in that your current award may be stopped or reduced.

Every appellant faces this risk, we have only had reports from members of this happening, on a very few occassions.

bro58
Last edit: 11 years 5 months ago by bro58.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 5 months ago #93766 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:DLA tribunal
This is from the latest edition 10 of the Benchbook 1998. The Benchbook is the 'bible' for all Tribunal Members hearing Social Security Appeals, but most used by DLA Tribunals. Regretfully, the latest edition is no longer in the public domain, but edition 8 is in the DLA resources of the members area, and changes in the new edition are mainly minor changes.

Whilst every tribunal must of course maintain its judicial independence, and must remain immune from any attempt (whether from within or without the appeals system) to interfere with or dilute that independence, there is nevertheless a right and a wrong way to deal with certain procedural matters; and where there is a power to exercise discretion it is helpful to have guidance on what matters should be considered when deciding how to exercise that discretion. The ultimate decision must rest with the individual tribunal but their task will be made easier if they know what they should (or should not) be taking into account when arriving at their decision.

62 WARNING

1. In certain situations it may be necessary for the tribunal to give a warning to an appellant that he might end up losing an existing entitlement if he proceeds with his appeal, and that he might therefore wish to consider withdrawing.

2. This will arise most often in a disability living allowance appeal where for example the appellant has an award of middle rate care but in their preview the tribunal consider that the evidence only supports lowest rate care or indeed no award of care at all. It could also arise in an IIDB appeal.

3. In these cases the appellant must, in the interests of natural justice, be told at the beginning of the hearing that the tribunal has the power in appropriate cases to remove or reduce an existing award because he may not have appreciated this and may think that his existing award cannot be touched, particularly when he has only appealed against the other disability living allowance component.

4. And sometimes a representative will even say: We are only asking the tribunal to consider the mobility component, we do not want you to consider the existing award of middle rate care component - we are happy with the existing award of middle rate and that is not in issue.But whilst it might not be in issue as far as the representative is put in issue by the tribunal if they consider it appropriate to do so, by virtue of sect 12(8)(a) SSA 1998 which, in stating that the tribunal need not consider any issue that is not raised by the appeal , makes it clear that the tribunal can consider any such issue if it decides to do so. See 11 below.

5. When to give the warning? Should a warning be given in every case where the appellant has an existing award, or only where there is evidence that suggests the award might be at risk? It is suggested that the latter is preferable, as otherwise the appellant s anxiety might be needlessly increased. There is in fact a note on the TAS1 MED, under 'What is a Tribunal?' as follows -

'The Tribunal will listen to both sides of the case and make up its mind about the facts. It will apply the law to the facts and makes its decision. This could mean that any benefit you may be getting could go up or down. The Tribunal will warn you if there is a risk that any benefit might be reduced. (You can withdraw your appeal at any time.)' So this can be quoted to the appellant if necessary to counter the suggestion that nobody had ever told him.

6. How to give the warning? If the appellant is represented, ask if the possible loss of an existing entitlement has been previously discussed if the representative is competent it should have been but if not, allow time for the appellant and his representative to leave the tribunal room and discuss the options (proceeding or withdrawing).

7. If the appellant is not represented, he should be given time to think about whether to withdraw or proceed. He may well not have noticed the TAS1 statement and so will not have been aware until now that his existing award might be at risk, and he must therefore be given the opportunity to think about it and seek advice on the matter if he wishes (and if skilled advice is locally available). If however he insists on going ahead on the day despite the warning and if the tribunal are satisfied that he fully understands the risk then the tribunal should go ahead obviously noting the record of proceedings appropriately.

8. If it only becomes clear during the hearing that the appellant might lose an existing entitlement, e.g. when he gives evidence about walking which suggests his award of higher rate mobility might not be correct, a warning should then be given, perhaps after asking the parties to withdraw to enable the tribunal to discuss the issue further then proceed as above, depending on whether or not the appellant is represented.

9. How should the warning be phrased? Whatever is said might give the impression that the case has been pre-judged, but a formula such as the following might be suitable It is important that you realise that we have the power to increase an award, to leave the award as it is, or to reduce or remove it altogether. We have not yet made a decision on your appeal and will not do so until we have heard all the evidence but from the evidence in the papers/given by you today it seems to us that your existing award may be at risk if you go ahead with the appeal. We are therefore going to give you some time to consider what you want to do.If asked, there is no ho harm in pointing out which evidence has given rise to the doubt.

10. Then proceed as above, making sure to note it all on the record of proceedings.

11. Even though a warning has been given it is not necessary to exclude the members of the tribunal from the next hearing if the case is adjourned, at any rate if no evidence has been taken. If evidence has been taken then the adjourned hearing must be before the same tribunal or an entirely differently constituted tribunal see paragraph 3.3 above.

12. Please note that you should include in any full statement a sentence or two stating that the tribunal decided to exercise its judicial discretion to apply section 12(8)(a) and put the other component/award in issue even though neither party to the appeal had done so and stating why. This has been emphasised in two recent Tribunal of Commissioners decisions, namely R(IB)2/04 and CDLA/2899/2004. In paragraph 94 of the former decision it was said - There must however be a conscious exercise of this discretion and (if a statement of reasons is requested) some explanation in the statement as to why it was exercised in the manner in which it was.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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