Can anyone help me with the following query, my advice was to seek a supercession of the latter decision (re the six month qualifying period to January 2007) because of the change of circs, but I'm a bit confused.

Elderly made a claim for AA herself in December 2005 which was refused. She requested a revision in March 2006. After requesting the revision, she got in touch with us and I visited her at her home. The decision was looked at again but was not changed in May 2006. The client then appealed the decision in June 2006. She sent the GL24 FORM on 06.06.06.

While she was waiting for her appeal, she had an eye operation in July 2006 and lost her eye sight. She was then registered as a blind person. Because of change of circumstances, I advised her to make a fresh application for AA and helped her in completing the application form in August 2006. She was awarded AA. However, she was awarded from January 2007. I phoned Wembley who informed me that because her circumstances changed in July 2006, she is eligible for AA only from January 2007 because of the 6 months qualifying period. Therefore she is not entitled from July 2006-January 2007.

Now coming back to her first claim, her appeal was finally decided by the tribunal without any hearing. The tribunal gave a unanimous decision on 13.11.2006 that the client is entitled to AA from 27.12.2005 to 07.08.2006.

What this means is that the end date of the AA award on the first claim is the date the DWP received the second claim application. However, her second claim did not start from the date the DWP received the application because of the 6 months qualifying period.

In summary, she made 2 claims and has been awarded AA but she has no award for the period August 2006 – January 2007.

I am not sure what the best option is in this case. Should we ask for a late appeal on the second award or appeal to the Commissioners on the first award which was decided by the tribunal?

Or ask for a set aside of the tribunal’s decision.

(There is no dispute about the rate of AA as she is only asking for the lower rate and has been awarded lower rate on both the claims. I want her to get the award for the period from July 06-Jan 07.)