I have a hearing imminently for a client who was initially turned down for DLA. On revision she was awarded low care and mobility. We appealed as feel she merits middle rate care.
Some time after the revision she rang me as she had only received arrears, but no ongoing payment. On checking her paperwork I found that the revision, made 12/10/07, only awarded benefit up to 29/8/07.
We immediately fired off a letter pointing out that this was unfair as she was not given opportunity to reapply, and that her condition had not improved. Feel that this is maladministration but used the word appeal in haste as I was confident that the award would be extended. This has not happened so both matters now going before tribunal. Do they have the power to extend the award and increase the care element? Sorry if dense - head full of cold.

As long as the decision under appeal is the revision decision of 12/10/07 then the answer to your question is yes. However, if there has been a new claim and a decision made upon it then benefit on the appeal cannot be awarded past the new claim decision is effective from.

The 29/8/07 seems an odd date for the award to run up to. What was the reason for that?

That should read "benefit on the appeal cannot be awarded past the date that the new claim decision is effective from".

Thanks for that. Had hearing Friday and tribunal Chair said they do not have power to extend a closed award.Case adjourned for DWP to send PO to explain why award ended 29/8/07 as no explanation for this date.

The Tribunal can extend a closed-period award, just as they can remove one altogether. The Chairperson is wrong in law on that point. Jurisdiction ends only on the day before any new claim is made, as stated above. If no such further claim was made then there is full jurisdiction.

The only reason that the Tribunal may not have power to extend a fixed period award is where there has been a subsequent decision on eg a renewal or different application that runs from the day after the origninal period expired. Are you absolutely certain that there ahs nnot been another (unsuccessful) application put in at a later date than the one under appeal? Sometimes people who are turned down, rather than appeal, just bang in another (often crap) application, which fails for exactly the same reason as the original - ie that they had no idea how to complete the form and got no help with it. The tribunal may have concluded that this is what had happened here, simply because it so often is.

"Sometimes people who are turned down, rather than appeal, just bang in another (often crap) application" - That is so true, lol!. Described very well!.


John.

Thanks so much for your help. Client has definitely not made another application - could not even manage a crap one without help! Chair was adamant that he did not have power to extend, however he has adjourned the hearing with little reason so suspect he wanted to look it up or check with colleagues! New hearing in May - will let you know result.

The Tribunal will either be a completely different panel or the exact same one reconvened (the latter would only happen if the case has already been part-heard by them). None of the same panel members can hear the case when it is re-listed, unless the case has been adjourned part-heard.