Statement of Reasons include comments by judge to the DWP to review appellant’s DLA award

Am I correct in thinking that the judge should have put this to the appellant at the hearing? and

Is it a retaliatory remark (spite)  by the judge for asking for the sttaement of reasons and record of proceedings?

I don’t want to rub the UT judge up the wrong way by alleging the above when s/he has my client’s future income in mind.

Your comments would be appreciated!

Context? What exactly was said? And what exactly was the FtT decision? And what were you arguing for?

Your post reads as if the judge was inviting the DWP to interfere with your client’s current award - is it the case that only a past, closed period award was before the tribunal so that the tribunal was unable to interfere with current entitlement?

I’ve seen that happen where the Tribunal has been frankly gobsmacked that anything was awarded at all.

Bit mean maybe but not entirely unsurprising from a more conservatively minded Tribunal. Last time a (very senior mind) Judge did that one one of mine I quietly agreed… Their account to me was very differnt to that that came out before the Tribunal.

The appellant has severe conditions. There was nothing within the hearing to suggest she was not entitled to DLA. It was an ESA appeal covering a period up to June 2013. The statement of reasons does not give any reason for the conclusion that the appellant was no longer entitled DLA!

I have no doubt the appellant is entitled to be in the support. As she is to DLA HRM MRC.