Changing your grounds of appeal.

Is it possible to change your grounds of appeal some time after lodging your Form GL24. Eg In September 2011 you lodge an appeal by way of GL24 regards non payment of the work related activity component of ESA from let’s say October 1st 2011. However as a result of further interpretation you now believe the client is entitled to the WRAC from let’s say January 2012 and as a result you send the DWP an amended grounds of appeal by way of a Tribunal submission. The case is eventually heard in June 2012. Is the Tribunal only empowered to make a decision regards the initial appeal made in September or can the Tribunal make a decision after submitting the amended grounds of appeal relating to January. Does it have any effect that after the submission of the amended grounds of appeal that the DWP complete another submission of their own refusing to revise the initial appeal dated September. As the DWP have full knowledge of your amended appeal before the Tribunal hearing can you argue that it is the amended grounds of appeal that should be looked into. Any case law regards subsequent and later appeals would be appreciated. JM

A tribunal need not consider any issue not raised by the appeal (s12 SSA 1998).  However, that does not mean it is only confined to issues stated in the grounds of appeal.  It can consider any issue the appeal throws up on a substantive point, particularly issues of law (CDLA/1000/2001).  So, in your case it is entirely free to fix the date that its decision takes effect from.

Many thanks - I think CIS/2274/2009 is also helpful.

As pointed out by Nevip, generally speaking issues raised by the appeal are not those limited to what is put on the GL24. However, I am not sure that is the problem with the scenario you describe- I think the problem you have on the chronology you describe is that you are asking the tribunal to take into account circumstances which did not obtain at the date of the decision under appeal to it. They are expressly prohibited from doing this- section 12(8)(b) SSA 1998.

Martin is quite right of course.  Next time I’ll read the post properly and have my morning coffee first.  On re-reading it seems the original appeal ground is also raising an issue concerning circumstances after the date of the decision.  Is there something we’re missing in the facts of your case?