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Upper tribunal question

Mo_Mo_ Member Posts: 4 Listener
edited April 2018 in PIP, DLA and AA
Can DWP go against a decision made by Upper Tribunal Court with regards to No assessment before 24 months from the date the letter was dated by the Upper Tribunal Court?

If DWP did do an assessment before 24 months is that legal and binding?

If it is not binding by Legislation Law can the person answering my points actually put in writing what law and what is the wording of that law in Uk Legislation for England. 

I would really appreciate it if my questions can be answered.

Thank you
Read more at https://community.scope.org.uk/activity#pLallRRhe35QsqMY.99


  • mikehughescqmikehughescq Member Posts: 5,926 Disability Gamechanger
    Sorry but that doesn’t make sense. A UT in most, but not all, cases where it finds an error law returns the case to a new first tier appeal to hear afresh. You appear to be saying that your UT found an error of law but then replaced the first tier decision you were appealing against with one of its own? That’s okay, but any award then made by the UT would be from the date of claim for either a set period or an ongoing period. I cannot imagine the circumstances in which they would award for a fixed period from the date of their UT decision. 

    That leaves us with the possibility they made an ongoing award with a recommendation, for some reason I wouldn’t be able to fathom without more information, that it should be left alone for 24 months. I think that is also unlikely unless you were for example due to have surgery on a specific date etc. 

    Either way, any such recommendation would be likely just that and it would not be binding on a decision maker. UTs issue directions as regards how a new tribunal should be conducted. Tribunals can and do disregard those if they so choose. UTs making recommendations to DWP decision makers? Can’t see it myself abd it would not be binding. 

    There’s no law to quote here and to be honest I would be reluctant to do so as I’m not sure you have understood or correctly cited the UT decision itself so I’d want much more detail before commenting further.
  • Mo_Mo_ Member Posts: 4 Listener
    Thank you for your reply. I also went further into investigating the point. It is not binding on DWP. My only point on this is why did the Court put in this recommendation if it is not binding.
  • mikehughescqmikehughescq Member Posts: 5,926 Disability Gamechanger
    I doubt that they did recommend that given what you’ve described.
  • Mo_Mo_ Member Posts: 4 Listener
    The wording is as follows
    The tribunal recommends that the Department does not reassess Mr. """"" within 24 months from today's date.

  • mikehughescqmikehughescq Member Posts: 5,926 Disability Gamechanger
    That doesn’t sound like the upper tribunal at all. The UT is usually one UT judge sitting alone other than in cases of wider importance. You’re referring to a first tier tribunal. Their recommendation is not binding. 
  • Mo_Mo_ Member Posts: 4 Listener
    Ok thank you so much
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