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Upper tribunal question

Mo_
Mo_ Member Posts: 4 Connected
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

Comments

  • Mo_
    Mo_ Member Posts: 4 Connected
    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.
  • Mo_
    Mo_ Member Posts: 4 Connected
    The wording is as follows
    The tribunal recommends that the Department does not reassess Mr. """"" within 24 months from today's date.

  • Mo_
    Mo_ Member Posts: 4 Connected
    Ok thank you so much
  • AndrewHall
    AndrewHall Member Posts: 178 Courageous
    I wonder why the Upper Tribunal takes so long to issue the decision on permission to appeal. 
    Never allow DWP assertions to define you. They never have evidence of your true circumstances.
  • poppy123456
    poppy123456 Member Posts: 29,660 Disability Gamechanger
    I wonder why the Upper Tribunal takes so long to issue the decision on permission to appeal. 

    This thread is more than 4 years old.
  • AndrewHall
    AndrewHall Member Posts: 178 Courageous
    I wonder why the Upper Tribunal takes so long to issue the decision on permission to appeal. 

    This thread is more than 4 years old.
    I didn't ask how old the thread is 
    Never allow DWP assertions to define you. They never have evidence of your true circumstances.
  • Alex_Scope
    Alex_Scope Posts: 2,919 Scope online community team
    Hi @AndrewHall I think Poppy meant that because the discussion is from a few years ago now, some of the people posting might not be active on the community at the moment, or they might take a while to answer you. 

    You'd be welcome to start a new discussion of your own if you'd like to, and please let us know if we can help with anything further :)

    Alex
    Online Community Coordinator
    Scope

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  • poppy123456
    poppy123456 Member Posts: 29,660 Disability Gamechanger
    Thanks @Alex_Scope that's exactly what i meant. Far better to start your own thread than ask a question on the end of a thread that's this old.
  • AndrewHall
    AndrewHall Member Posts: 178 Courageous
    I wonder why the Upper Tribunal takes so long to issue the decision on permission to appeal. 
    A few reasons really. 

    1 - get it wrong and there’s a theoretical possibility of being judicially reviewed.

    2 - a glut of complex UT and Tax Credit decisions where the lack of paperwork from either organisation is a disgrace really. Been commented upon repeatedly by UT judges.

    3 - the slow move to electronic systems.

    4 - the pandemic. 

    Thanks Mike for the response. 
    I will like to use this opportunity to thank you for your critical response on my other topic. You prompted me to search my record enabling me to resurrect a 'dead' appeal.
    Thanks so much.
    Never allow DWP assertions to define you. They never have evidence of your true circumstances.

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