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?
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.
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.