This is the first time I've come across this unusual situation...

My client had an appeal for DLA, but a few weeks ago he received a letter from DLA revising the appealed decision in his favour. The appeal should've lapsed, but didn't, and a tribunal (paper hearing) confirmed the original award (ie. appeal failed).

Obviously, DLA did not send the proper paperwork to TTS, or TTS didn't deal with it (2nd one this week I've seen, though we prevented the first one by telling the tribunal chair of the revised decision).

What is the status of the tribunal's decision? What do we do? Has anyone had this happen before?

My gut feeling is that the tribunal's 'decision' is simply null and void and of no effect since the appeal 'ceased to exist' at the point the decision was revised.

What do you think?

Thanks,

Hi Tony

I agree with you. The tribunal had no jurisdiction and if it had no jurisdiction then, in my view, its decision is void and the DWP is entirely free to disregard it. If I am wrong in that, then the decision would be voidable on leave to appeal.

Regards
Paul

The statutory references are Social Security Act 1998 s 9(6) and Decision & Appeals Regs reg 30.

Exept in particular circumstances (which do not seem to apply in this case) an appeal lapses if the decision is revised in the claimant's favour before the appeal is heard. Hence the appeal had already lapsed before the hearing and they had no jurisdiction to hear it.

We also had a case where the DLA unit failed to inform TS that a decision had been revised in the claimant's favour. The panel was not best pleased as they were all prepared for a hearing.

I had a similar experience 9 months ago.

Scenario - DLA appeal hearing adjourned for EMP report - EMP report supportive of our case - DCS revise decision under appeal 1 week before the re-listed hearing and award DLA HRM + LRC - DCS inform wrong TS regional office & tribunal goes ahead on the papers (didn't they wonder why we weren't there!?) - tribunal makes award but only HRM (no care).

My opinion at the time was (as noted above) that the appeal had lapsed before the 2nd hearing and therefore was a nullity. DCS had started paying HRM + LRC and indicated verbally that they would continue do so.

I was worried that another officer might take a different view though and revise the DCS decision later on - so I asked for their commitment in writing. I also asked for a ruling from the District Chair. Both DCS & TS seemed reluctant to provide these but eventually we did receive them - a copy memo from DCS & an interlocutory decision from TS. I think I'd do the same again if faced with something similar.

Thanks very much for replies. I will take the action that derbyshire found successful.