Confusing Appeal situation

I have a confusing situation - background is:

A decsion was made on 30th July 2012 to stop JSA from and including 19th July 2012. Client appealled against this on 29th August 2012 and received a decsion notice (13th September 2012) stating “I have looked again at this decsion in light of the appeal and i have decided to overturn it. Client is entitled to receive JSA from and including 19th July 2012. Please issue arrears accordingly.”

Then client received another notice (2nd October 2012) from same decsion maker as above stating “Client has appelled against the decsion dated 30th July. I have looked again at the decsion under appeal, and cannot see any reason to change the original decsion.”

No further evidence had been produced or changed between these dates.

So between 13th Sept and 2nd October DM has had a complete u-turn!! Can this in any way be allowable?

To make matters worse client then went to tribunal on 4th December and this was adjourned as the judge took one look at conflicting docs and issued a directions notice to DWP to respond within 21 days to clarify situation.

Client is very confused and does not recall receiving any paperwork relating to above direction but went back to tribunal on 19th April. Judge dismissed her appeal, made no mention to the said direction notice or any reference to conflicting docs from the DM.

To make matters worse client then applied for IS on 25th September 2012 as she did not have any money - she was refused as did not have a child under 5 - was not a carer etc.

My question is if we are successful in overturning the tribunal decsion of 19th April 2013 will the new tribunal be limited to the period 19th July 2012 to 24th September 2012 (IS claim date) even though the client did not have any grounds to apply for IS? Could we argue IS claim was invalid?

Thanks
Dominic

Hi Tony

Thanks for your observations. The Client hasnt reclaimed JSA and does not want to do so at present as she feels traumatised by the whole process (she has complained about JSA staff and allegations of wrong information written about her on the system etc.)

She is relying on mother and father for support at present.

if your cl stoped signing on for JSA when she claimed IS surely that will be a break in the claim for JSA. could the DM have actually been saying that he or she was not changing his/her decision to overturn the original refusal of JSA ?