Hi.

Client failed LCFW in July 09 and appealed. We wrote to her GP for his opinion, which is that although last summer she had problems on various descriptors her condition has since improved and she should be looking for work. He also says he has signed her off due to her appeal – implying he would not have otherwise.

Now my client’s appeal is against the July decision. Am I right in thinking that the Tribunal is limited to considering her circumstances at that date?

So if they find she should have got sufficient points then she wins her appeal.

And it is then up to Jobcentre to reapply LCFW assessment if her circs have since changed?

Yes, yes and yes, though there is a risk that the Tribunal may comment on the improvement in their decision, even if it is only to explain why not much weight was attached to the doctor's evidence..

Hello, it is worth noting that Reg 32 (1B) Claims and Payments requires a person to "....notify the Secretary of State of any changes of circumstances which he might reasonably be expected to know might affect-
(a) the continuance of entitlement to benefit".

That phrase includes two "mights" and so is not exactly clear. For example a person may know that their general health has improved but benefit entitlement is determined via the descriptors.

Thanks for that.

I am still awaiting client's reaction to GP evidence but it would surprise me if she was aware of his view.

So as long as we pass it on to TS and Jobcentre sharpish she will have met her obligation....