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Top Incapacity related benefits topic #443

Subject: "IB appeal and later IB claim - revision?" First topic | Last topic
jo gallagher
                              

welfare rights officer, notts county council welfare rights
Member since
10th Nov 2004

IB appeal and later IB claim - revision?
Wed 17-Nov-04 08:23 AM

If a client is awarded IB at appeal but has also put in a later IB claim following the appeal being lodged, what happens to that later claim? If client's condition has remained unchanged, will the DWP rep revise the decision on the later claim on the spot, or do I need to request it in writing after the appeal?
Thanks

  

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Replies to this topic
RE: IB appeal and later IB claim - revision?, Robbo, 17th Nov 2004, #1
RE: IB appeal and later IB claim - revision?, jason, 18th Nov 2004, #2

Robbo
                              

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

RE: IB appeal and later IB claim - revision?
Wed 17-Nov-04 11:32 AM

Was the claim accepted, or refused on the basis that there had been a previous determination within the last 6 months?

  

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jason
                              

caseworker, halton district CAB, widnes
Member since
26th Feb 2004

RE: IB appeal and later IB claim - revision?
Thu 18-Nov-04 08:19 AM

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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