decision set aside

our client had a paper hearing for DLA. despite asking for copy of the appeal papers on several occasions for the client we were representing, none were sent. the hearing went ahead and a decision of LR care given. cl could possibly get HR mob
we requested decision be set aside because of the fact we did not get the appeal papers in order to prepare clients submission etc.
District judge set aside the decision for new hearing.
cl now does not want to take it further. if he withdraws from the appeal now will he loose the LR care award given by first Tribunal?

I’m not sure but what I would do is to phone the DLA helpline for intermediaries on 0895 9000121 and ask them to confirm if client is receiving any rate of DLA, the date the award was made and the length of the award. If you realise that client is on LR care and it’s the new award made by the Tribunal, ask them to send you a copy of the new award. If this is the case I don’t see how he can lose it if he withdraws the appeal but please don’t quote me on this!

hi -

i think that because the tribunal decision has been set aside your client will lose the lower rate care award it gave - it’s as if the appeal hearing never took place.

i can’t see any formal way that tribunal decision can be reinstated once it’s been set aside - does anyone else have any ideas?

ros

I agree.  The decision of the tribunal is of no legal effect and the only thing left standing is the decision of the Secretary of State.

Beatrice you got a digit wrong in the intemediaries nbr but see my recent post anyway. BTW the site is open to all not just advisors so we really shouldn’t publish direct numbers or we’ll get our wrists slapped and they’ll take them off us. Mind you there are very few left now apart from the TCO :(

Thanks Guys

it looks as if he is still getting the LR care awarded at the tribunal. the District Judge did not state in his reply on the set aside that the existing award be removed.
Frances.