Hi,

Im looking for an answer for a question which is confusing me the more i think about it. I have a client who has an appeal on 09/03/07. he is currently on lrc an lrm and is looking for mrc. He had a renewal and was awarded lrc and lrm from 17/03/05-16/03/07. he then asked for a supersession on 24/01/06 which was decided in apr 06 and his award remained unchanged. he submitted a late appeal in oct 06 which was granted and this is now his appeal coming round now.

When i go to appeal with the client will they only consider awarding to 16/03/07 or can they make a longer award?

the reason im asking is that im not sure whether they need to fill in the renewal forms they have received. hope it makes sense!!

The tribunal can make a longer award, if theres no decision already made on the renewal. They are only limited if there has been a decision made on the claim which is later than the one under appeal.

They can only take account of the circumstances at the time of the decision under appeal (that is April 06) - if there's been a deterioration or change of circumstances since then, it would have to be dealt with by supersession or renewal.

If the tribunal is in the next few days it is probably easier to wait until the outcome is known - but if the appeal fails its important to make sure the renewal forms are submitted before the present award expires to avoid any gap in his entitlement.

And if the tribunal is far enough away that there's a possibility the new claim might be decided before it's heard, you run into the problme that the new claim might be decided in a less advantageous way than the appeal, and cut off the award. If you acn, probably better not to try to renew before the Tribunal. Who knows, you might not need to.

thanks folks thats cleared things up - i'l go with the appeal first and if its not in clients favour we've still got time to submit the renewal forms.

thanks again.