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Subject: "Legal Terminology" First topic | Last topic
tonibee
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

Legal Terminology
Fri 10-Dec-04 10:52 AM

There's a legal phrase that covering the situation where one benefit decision cannot interefere with another. For example; DLA refused 1st Jan and claimant appeals. In the meantime makes a new claim and is awarded both low rates from 2nd March. Appeal is heard on 1st May but the tribunals' decision can only take effect up to 1st March. A legal principle prevents the tribunals decision interefering with the March decision.

I need to know what the phrase for this principle. Does anyone know?

Thanks.

  

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Replies to this topic
RE: Legal Terminology, Robbo, 10th Dec 2004, #1
RE: Legal Terminology, Martin_Williams, 10th Dec 2004, #2
RE: Legal Terminology, nevip, 10th Dec 2004, #3
RE: Legal Terminology, tonibee, 10th Dec 2004, #4

Robbo
                              

Welfare Rights Officer, Stockport Advice
Member since
22nd Jan 2004

RE: Legal Terminology
Fri 10-Dec-04 11:18 AM

My guess, perhaps ill-informed, is you may be looking at res judicata.
Commissioner Rowland talks about this situation in CM/091A/1993(*59/94)

See also CDLA/4590/1997

(C)Someone else's information source

  

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Martin_Williams
                              

Appeals Representative, London Advice Services Alliance- london
Member since
21st Jan 2004

RE: Legal Terminology
Fri 10-Dec-04 11:20 AM

res judicata

It is also arguable that this principle is provided for directly in statute for Social Security. It can be inferred to be the case from Sec 17 of the SSA 1998- see the discussion in the analysis to that section in Volume III of the Soc. Sec. Legislation.

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Legal Terminology
Fri 10-Dec-04 11:45 AM

The phrase is Res Judicita, meaning the thing having been adjudged. It is a principle which prevents People repeatedly litigating on the same facts and , therefore, wasting the court's time.

Regards
Paul

  

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tonibee
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: Legal Terminology
Fri 10-Dec-04 11:54 AM

Thanks all. Racking my brain for that all morning!!!!

Cheers!

  

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