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Personal Independence Payment - awaiting 1st tier tribunal - unplanned intervention

joannea
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Welfare Rights Officer, Clwyd Alyn Housing Association

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Total Posts: 1

Joined: 13 January 2015

Sorry this may be something that has always been fact, however I would welcome some guidance , as never come across this before!

A client is in receipt of PIP standard daily living and Enhanced Mobility, awarded from March 2016.  Awaiting Tribunal date as client feels they should be entitled to Enhanced Daily Living.  She since asked for her claim to be looked at again (unplanned intervention) as has had further deterioration/ diagnosis etc. and is awaiting new assessment. she requested the intervention also due to length of time to wait for tribunal.

Received documentation today from Tribunal Service, a further response from DWP that if the tribunal decides an award, this should be limited in June 2017 (date of unplanned intervention)

Is this correct?  My experiences of tribunal is that the panel always refer to how the condition was at date of claim, and if appeal allowed backdated monies from date of claim.

thanks in advance

[ Edited: 22 Sep 2017 at 02:45 pm by joannea ]
Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Joined: 15 October 2012

It should only be limited if the second assessment is conducted by the time the appeal is heard. If there’s no decision res judicata doesn’t bite; if so any award the Tribunal makes will only be from the effective date up until the date the supersession’s effective from.

[ Edited: 26 Sep 2017 at 02:16 pm by Dan_Manville ]