I have a client who is in receipt of HRMC. We applied for a supersession to get LRCC which was refused. She has just returned TAS1 form to TS and we are waiting for a date.

She has now also received her renewal pack for DLA which ends August. How does this interact with the Tribunal, should we complete the renewal and go to Tribunal as normal or is it more complicated than that?

Any thoughts really appreciated, I'm not sure if I am over complicating the issue

Thanks

I would suggest completing the form, with a very strong emphasis being placed on the fact that there has been no change in circumstances regarding the criteria that met with an award of HRMC, as DCS are currently looking at cases that needlessly go to appeal. This is due to eithet a lack of information on the form or because a DM does not pick up on the fact, that there has been no change.

With regard to the supersession request and its subsequent refusal, i would suggest that as much information as possible is written down to emphasise the point, which it is felt would meet the criteria for an award of LRC.

However, if you receive the Tribunal date before June/July or enough time to still complete the form to its full potential, and the Tribunal is successfull in what you feel is relevant for your client, i would be tempted to send a copy of the decision to DCS, as a Tribunal decision should be regarded as the higher authority, in matters such as these.

It's worth pointing out that if the renewal form is completed and the second decision isn't what you feel is the correct one again, then you must make sure that also lodge an appeal against the second decision, otherwise your appeal on the first decision will only cover the period between the first and second decision.