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Can Tribunal ignore DWP offer of PIP points after decision without warning appellant?

BenF
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Health & social policy sector PR, Furner Communications

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Joined: 29 August 2020

Hope someone can steer me on this…

Appellant turned down in tribunal last week.

On initial claim they achieved 1b and 4b for DL; and 12 b for moving around.

On MR DWP agreed 1b, 4b and 5b for DL; and 12b for mobility – so an increase but no award.

After applying for a Tribunal, DWP called and offered 6b, but still 12b for mobility – so standard DL offered. This was noted in the tribunal bundle and highlighted in the rep’s submission.

I said to appellant they wouldn’t get more for DL but I thought they would have a chance at standard mobility, so we kept the appeal live.

At the hearing last week, the panel turned appellant down for both components, maintaining the 6 points for DL and 4 for mobility. I’m really surprised and of course disappointed.

I’m pondering next steps and have asked for an SoR.

One thing I need clarification on is the status of the two points for aids for dressing offered by DWP that the panel refused to grant.

I thought tribunals have to work on the basis that the 2 points (in this case) offered post MR formed part of the award, and couldn’t be taken away unless a warning was given; ie they had to work on the basis that standard daily living was already awarded.

Have I got that wrong? If I’m right, it would really help to know which bit of guidance, or law, explores and/or confirms it.

Grateful for any help on this!

Ben

 

[ Edited: 11 Jul 2023 at 11:42 am by BenF ]
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Welfare Rights Adviser - Southwark Law Centre, Peckham

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BenF
forum member

Health & social policy sector PR, Furner Communications

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Total Posts: 15

Joined: 29 August 2020

Oh! That’s incredibly helpful - thank you!