Old IB appeal allowed

Six weeks ago my appeal against IB being stopped in 2007 (Yes, 2007) was upheld by the tribunal. HOWEVER, since then DWP & JobCentre have been contorting themselves not to reinstate me. I was awarded over 40 points too, by the way. Firstly, Glasgow said they had never received it. Then, it has to be processed.
But listen to this, before I have even received a penny from them, I got an IB50 form in the post today. Yes, already they want me to start doing this form again and going to medicals.
I think this is victimisation, and I ask you what I can possibly do.
I knew they would start on me because it does stick in their craw that I won a 2½ yr old claim, but not so soon.

Hi lida,

I'm afraid this is an extremely common scenario. The DWP would argue that the tribunal ruling relates to a decision about your circumstances two and a half years ago and that your circumstances may have changed in the meantime.

I'm not aware of any way of challenging the issuing of an IB50 following a successful appeal, I'm afraid.

Good luck,

Steve

I see. Does this mean they will not pay back-monies to me? DWP said they need to calculate and "build up" 2007 claim - which sounds to me like from 2007 up to some time now-ish they will pay.

No, you will receive any back money owed to you, from the date the Tribunal allowed your appeal which from what you have written will be 2007.

It normally takes up to 4 weeks for your arrears to be paid into your bank or building society account.

Thanks very much, Jima. Yes, they stopped IB in Sept 2007. It's been 7 weeks already and loads of huffing & puffing by JobCentre who first told me (just this Friday gone)that as I had not paid & contributed NI there is no way I can get 2007 claim reinstated. I persevered with other phone calls and spoke to others at Glasgow who finally understood what I had been saying!

Still not clear though, when should I start sending in fresh doctors certificates? Tribunal win was two months ago in March, and we are now in May. There's already a gap which is not my doing.

Hi Lida,

The DWP must uphold a decision made by a tribunal unless they felt that the tribunal had made an error of law in their decision. They would then have to appeal to the Upper Tribunal.

However, they cannot do this since it's more than a month since the Tribunal made their decision.

My advice is to get 'face to face' advice from a welfare rights organisation. Try Community Legal Advice they can put you in touch with a local adviser.

Incidently, have you informed the Tribunals Service office that dealt with your
appeal that the DWP has not yet complied with the Tribunal's decision.

Good luck.

Jim