Instead of relying on Article 6 and the rules of natural justice, I was wondering if anyone knows of a Commissioner's decision that states that a Disability Appeal Tribunal cannot take away an existing award of DLA, (for example if someone has low rate care and are looking to get this increased), if they did not warn the claimant at the start of the hearing that they could so.

Hi Jean

Have a look at this discussion for a summary, by Martin Williams, of the points raised in R(IB) 2/04.

Regards
Paul

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=100&topic_id=2480&mode=full

If they have L.R.C. and want to get the Care Component increased, that would be a hard argument to win. If they had L.R.C. and wantedto seek the MOBILITY Component increased, then that is procedurally correct that the Tribunal should warn them. Generally, the Appellant should be made aware of the possibility of any award going up or down (or being wiped out) or remaining the same.

Sorry to disagree but the tribunal has a requirement to warn the appellant if they are considering leaving them in a worse position no matter what the circumstances of the case.

See para 9 of Commissioner Parker's decision of CSDLA/820/04 at:

http://www.osscsc.gov.uk/judgmentfiles/j1892/CSDLA%200820%202004.doc

It makes no difference what components are at issue and neither would a general statement of the tribunal's powers satisfy natural justice.

A specific warning should be given to the appellant/rep to allow them "a proper opportunity to face and , if they wish, prevent the tribunal" removing or reducing an award. This could be done by, for example, withdrawing the appeal which of course can be done at any time before the tribunal decides an appeal - even mid-hearing.

David