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Going back to a First-tier Tribunal following a decision

ELC
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Welfare Benefits

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Total Posts: 6

Joined: 29 September 2021

I would be grateful for advice/ guidance on the following.

Following a FTT decision in a HB case, which ruled in favour of the claimant, and which is not then disputed by the LA and it is then for the LA to calculate the resulting amount of payment due to the claimant, is there a time limit to take the matter back to a tribunal if there is a disagreement about the calculation alone?

Elliot Kent
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Joined: 14 July 2014

Normally the Tribunal would make its decision and just remit the remainder to the LA to make a new decision. The new decision could be the subject of a new appeal if you disagree with it so it is just ordinary time limits.

Sometimes the Tribunal might explicitly or implicitly give you ‘liberty to apply’ so that the Judge is saying they are prepared to receive an application to deal with some disputed issue arising from their decision. The time limit would just be whatever the judge sets it at.