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Forum Home  →  Discussion  →  Disability benefits  →  Thread

Can the end date of an award decided by a tribunal overide an existing claim

Jacky Philipson
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Housing and Benefits worker Manchester Mental Health Assertive Outreach Team

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Joined: 28 July 2015

Briefly my client was refused PIP and appealed. At the same time she submitted a second claim. She was subsequently awarded PIP re the first claim at appeal but the award was time limited so that it ended the date she had made the second claim. At the time of the hearing her second claim had been refused and she had submitted a MR.

The claim is with the UT for various issues including the end date of the claim. The DWP submission refers to CSDLA/237/03 which advises that the tribunal in a similar case has acted correctly and that otherwise chaos would ensue.

I have however been to other tribunals where a claimant has been awarded PIP at a higher rate than an ongoing second claim made at the same time as the appeal was submitted for the first claim and the decision has effectively overridden the second claim.

My feeling is that whilst a tribunal may only have the power to deal with the decision under appeal, nonetheless this would include being able to decide the end date of an award and if it consequently overrides an ongoing award then so be it

Can anyone point to any caselaw that gives an alternative point of view to CSDLA/237/03?

Elliot Kent
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Shelter

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There was a similar post a few days ago: https://www.rightsnet.org.uk/forums/viewthread/12854/

I’m not aware of any competing authority (although that’s not to say there isn’t any), but assuming CSDLA/237/2003 is correct, your client has a remedy which is to seek any time revision of the second decision under reg 11(2).