ssca(d+a)1999 reg 3(5A) - if the 2nd claim was disallowed by the DM prior to the tribunal's deicsion, that 2nd claim diecision is overturned as the trib have allowed the claim from the 1st diecision dated
effectively you cannot reclaim ICB if you were already entitled, the 2nd claim decision should be overturned but you will need to ask under the above reg
at least thats how i understand it, not wishing to hi-jack your post but i have a similar case as follows:
client lost ICB on review - decision dated 6/10/03. client lodged appeal and a furhtert ICB claim with a backdated sicknote effective from 7/10/03. this was refused by DM also as within 6months of previous etc, same PCA evidence used to support decision.
1st decision went to appeal, was lost, took it to OSSC and yesterday decision was overturned by new trib - sos asked trib to consider only the day of 6/10/03 as furhtert decision made 7/10/03
the 2nd decision was appealed and also lost and we have until 2/12/04 to send the OSSC1 to london.
my understanding of above reg is that the 2nd decision can be revised but does this still apply whre a tribunal have heard and refused the claim?
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