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Does a Tribunal have to be informed if claimants health conditions have improved
Hi
I have a client who has a Tribunal next week. He is now clear of cancer and one of his health conditions has improved. Do we have a duty to inform at Tribunal these changes. It’s for PIP.
Any advice/guidance would be greatly appreciated!
The short answer is Yes, if the improvement is relevant to the issues before the tribunal, which, presumably, it is.
If you need authority for that, Rule 2 of the Chamber Procedure Rules reads (in part):
“—(1) The overriding objective of these Rules is to enable the Tribunal to deal with cases fairly
and justly.
...
(4) Parties must—
(a) help the Tribunal to further the overriding objective; and
(b) co-operate with the Tribunal generally”
Concealing the information from the tribunal would be both unethical and futile. The DWP would find out in time and supersede any favourable decision you might get from the tribunal. if your client also conceals the information from DWP as well as the tribunal they might find themselves prosecuted too. Last, and least, your reputation with the DWP and the tribunal will be damaged if it becomes clear that you have connived at withholding relevant information.
You have to tell the tribunal about anything that that might affect his entitlement or is relevant to the decision it should make.
Whilst the tribunal is considering matters at the date of the decision (i.e. was the decision correct at the date it was made?) it is conceivable the things you mention might be relevant to the length of the award or to the level of an award from a particular date.
It’s entirely appropriate to make an argument along the lines of;
“Mr Smith was awarded 0 points. We submit he should have been awarded 14 points for daily living activities and 10 points for mobility activities as the following descriptors were met…..and at the date of the decision he had met those descriptors for 3 months and was likely to for at least a further 9 months.
In fact, it is our submission that he did in fact continue to meet them for a further 15 months. However, at that point there was an improvement and this has turned out to be sustained. He is now cancer free and from X date was no longer affected by the condition so that he scored points for activities A and B. However, we contend that it remains the case that he still scores 10 points for the remaining activities for the same reasons that he did at the date of the decision under appeal.
We submit that the tribunal should award the enhanced rate of the daily living component between (dates) but then the standard rate of that component from date X.”
The tribunal does have the power to make that type of decision.
But it might also be that there would be no difference in the points that should be scored if he were making the claim now? What is your view on that question?
Thanks both that’s really helpful and I thought that would be the case. I’ve never had a situation where the client’s health has improved since a claim was made only deteriorated. Thanks again!
I think with his multiple health conditions then he should get the points awarded any way!
There you go then.
I’d set it out exactly like that in my subs;
“Activity 1 - preparing food - descriptor 1 (e) ....because reasons…..but from date X , descriptor 1 (d) ....because reasons…”
And so on. Aside from it being your legal obligation to the tribunal, it heads off at the pass DWP at a later stage trying it on with any change of circs. nonsense if you send them a copy of your subs direct rather than relying on HMCTS to do it.
Perhaps more importantly, it always does masses for an appellant’s credibility where they are the one saying “it’s 4 points for this activity from the outset, but after X date, only 2.”
There you go then.
Perhaps more importantly, it always does masses for an appellant’s credibility where they are the one saying “it’s 4 points for this activity from the outset, but after X date, only 2.”
Also, your own credibility if you come up against that Judge again :)
The Tribunal is about what the appellants condition was at the time of the decision and if it is now better or worse this is only relevant in comparison on the day of the tribunal hearing.
the Tribunal may still award if the condition and decision made a long time ago but they may only give a short award