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DWP case trawls

ROBBO
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Welfare rights team - Stockport Advice

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Disability Rights published a story about the latest case trawl following MM in the Supreme Court.  Apparently, DWP’s FAQs include this :-

“What about claims where the DWPs award has been appealed? What about claimants who have appealed their PIP claim and their award was decided by a tribunal?

We do not have the power to change decisions made by a Tribunal on the basis that their decision is wrong in law. Therefore, we do not plan to review cases where the award decision was made by a Tribunal.”

(apologies if this is on rightsnet as well - first search that came up).

I have a man who has 4 points for difficulties engaging with other people now, and he feels he should have had 4 points before, when a Tribunal awarded him standard rate Daily Living. 

Are DWP right? 

Elliot Kent
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Tribunal decision can’t ever be revised by the DWP and can’t be superseded for error of law. This is on the basis that the Tribunal is the superior decision maker and it would obviously be problematic if the DWP could just decide that the Tribunal got the law wrong. Legal errors in tribunal decisions are meant to be dealt with within the appeals system.

ROBBO
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Welfare rights team - Stockport Advice

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Total Posts: 314

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Thanks Elliot, carries the whiff of a definitive answer.