hi, whilst going through my son's appeal papers, yet again! i have read and re read the following quote.
issues raised by the appeal
"the dispute is the fact that **** is not entitled to the middle rate care component of DLA."
he already gets LRC, and my CAB advisor thinks he is entitled to HRC, but does the above statement mean the highest rate the tribunal can give him is MRC?
The way it reads to me, is that the DWP looked at whether your son met the requirements for MRC, and decided that he did not, that he was not "to entitled to the middle rate care component of DLA".
The Tribunal's decision is completely independant of the one made by the DWP's Decision Maker. They will re-evaluate all of the facts and make their own decision.
If they believe he meets the requirements for HRC (day and night care), then they'll award it, if they only believe he meets those for MRC (day or night care), then he'll get that.
Hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
