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Can someone please confirm that I am not going mad!
Can someone please confirm that I am not going mad!
Client has an outstanding DLA appeal, which is due to be heard on 13th March 2012. He was referred to me today…I noticed in with all the documents that he has also made a new claim for DLA on 23/02/2012.
Am I right in saying that if the Tribunal Service award in the clients favour, whatever decision the DWP make at a later date will supersede the Tribunal decision.
Contact has been made with the DWP and they have advised the client that the Tribunals decision will not be affected by the new claim?
Also can someone confirm that if we feel that the new claim sent in on 23/02/2012 will adversely affect the Tribunal decision can we request that claim be withdrawn?
1. An award on the first claim will stop the day before the date of the new claim once a decision on the new claim is made. If the same or higher award is made on the second claim then happy days.
2. A claim for benefit can be withdrawn at any time prior to a decision being made on it. Once the decision is made the claim ceases to subsist by operation of law. What remains is an extant decision which can then be revised, superseded or appealed.
Hi Nevip,
But if a negative award is made on the second claim…then not so happy days. Because that decision would supersede the first decision
(Say if the Tribunal service award H/R care on the 1st decision and the DWP decide to award nothing on the 2nd decision) I correct?
Thanks for your help.
Hi Nevip,
But if a negative award is made on the second claim…then not so happy days. Because that decision would supersede the first decision
(Say if the Tribunal service award H/R care on the 1st decision and the DWP decide to award nothing on the 2nd decision) I correct?
Thanks for your help.
Hi Nevip,
Sorry just re-read your message and I think that is what you are saying…sorry bad day!!
Thank you