I have a client who was on higher rate care but none of the mobility component who put in a change of circumstances. Anyway, a couple of months later the DLA is up for renewal and the department had still not made a decision on the change of circumstances. The client rings the department and ask if they can treat the change of circumstances pack as the renewal as well, they agree to this.

Anyway a few weeks later, on the same day, the client receives two letters. One letter says that she is entitled to higher rate care but none of the mobility component up to the date of renewal. The other letter says that from the date of renewal she is only entitled to the lowest rate of care and none of the mobility component.

The client wrote an appeal letter disputing both decisions (she did this on her own before any advisers got involved in the case).
The appeal submission contains two secretary of state's submission "front sheets" each with different date of decisions. Will the tribunal make seperate judgments on both decisions? Will they ask me which rates I want them to examine for both decisions?

The tribunal will have to deal with both decisions though they may be willing to combine them in one decision notice.

They will probably be willing to listen to all the evidence at once and satisfy themselves of the dates of any relevant CoCs.

I would expect them to ask you what you are looking for. To the extent that they may already have formed a view about what is likely to be in contention, it will enable them to focus the proceedings and not waste time on anything your client concedes.

Thu 10-Dec-09 03:51 PM by iut044

Thanks for your help ariadne

Will I just have to say what I am looking for once or will I have to say what I am looking for in respect of both decisions? Also could the client face an overpayment if the award is reduced?