Duration of FTT award

A client appealed her DLA award. Pending a hearing date, she applied for DLA again on the basis her condition had gotten worse and was turned down completely. She had not appealed.  The rep was not told this and did not find out until after the hearing for the first claim.

At the hearing she gave evidence that she was not sure if she made a second claim. The Chair said he would ignore this evidence and made an indefinate award.

I believe there is a rule that Tribunal awards will only continue until a subequent DWP decision. This means the Tribunal’s indef award will only be until the date of the decision in the second claim.

Should the rep do a late appeal of the second DLA decision?

Also where is the provision for the rule that Tribunals decision only continue uptil the subsequent DLA decision on the 2nd claim?

Just to be clear “res judicata” as a common law principle has no bearing in social security cases.

We have section 17 of the Social Security Act 1998 instead. That is the source of the rule the original poster referred to.

The rule is as follows:

  ‘(1) Subject to the provisions of this Chapter, any decision made in accordance with the foregoing provisions of this Chapter shall be final; and subject to the provisions of any regulations under section 11 above, any decision made in accordance with those regulations shall be final.

  (2) If and to the extent that regulations so provide, any finding of fact or other determination embodied in or necessary to such a decision, or on which such a decision is based, shall be conclusive for the purpose of -
  (a) further such decisions;
  (b) decisions made under the Child Support Act; and
  (c) decisions made under the Vaccine Damage Payments Act.’

s.17(2) provides that the decision on the second claim is final. You can’t have two decisions in respect of the same day that both award different amounts.

I would late appeal the second decision. However, you may well find that the DWP would be prepared to just revise it- see Reg 3(5A) of the SS &CS; (D&A) Regs 1999 no. 991.

Thank you very much.
BTW I couldnt find Reg 3 (5 CAPITAL A).
Thank you once again.

If you don’t have the lawbook then the DWP maintain a consolidated version of these regulations.

It is here: http://www.dwp.gov.uk/docs/a1-6011.pdf

If you look at the legislation as originally published then it won’t have the amendment (capital As are always a sign that the paragraph in question is an amendment).