Have a case where the appeal is before the coming into force of the SSA 1998 (it seems to have sat around at TAS for 5 years!).

It is an appeal against a review and removal of Incapacity Benefit on the basis that claimant failed the All Work Test (as then was).

Raises a number of issues on which I have posted separate queries.

This one concerns the old "down to the date of Tribunal" rules. I am not sure how this plays out in an IB case (with a DLA claim I am ok).

What happens if for example:

1. The Tribunal find he was incapable of work at date of decision but some time after this he became capable again?

2. The Tribunal find he was not incapable of work at the date of decision but some time after this (and before Tribunal...) he did become incapable?

Am I right in thinking that basically, because of the nature of the appeal the Tribunal still has to look at how he was AT THE DATE OF AO DECISION?

How does it work in DLA - I am interested!

Fri 23-Jan-04 01:09 PM by shawn

Note - this only relates to appeals made before the coming into force of the SSA 1998.

My understanding is that for DLA the Tribunal could say things like:

"right you were not entitled when the decision against which you appealed was made, BUT you did become entitled at some later date and we will award from that date."

etc. etc.

Esentially the Tribunal could take into account changes of circumstances occurring right up until the day they sat and heard the case.

The difference with IB is that:

1. You are always appealing against a review by them removing entitlement.
2. As it is not a benefit awarded for fixed closed periods etc.
I can't see how a tribunal could find the DM decision right on the day made but then award for some later period.

See CIB/213/99 - for pre SSA1998 appeals tribunal must determine the claimant's incapacity for the whole of the period within its jurisdiction, which is either between the date of the decision and a further decision on a new claim or, if there has been no new claim, down to the date of the hearing.

Thank you for sorting that one out-

What a fun tribunal that will be- we will need to look at his circumstances from January 1998 to whenever we finally get a listing! 6 years of potential in and out of incapacity....