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PIP tribunal

DJMG
DJMG Member Posts: 4 Listener
edited September 2018 in PIP, DLA, and AA
Hi, I have recently won my PIP appeal at tribunal however someone who I know (who works for the DWP) has told me that they could contest the courts decision because my 14 year old daughter accompanied me during the hearing. At no point did the court official or any members of the panel say that my daughter was not allowed to attend because as she was a minor.
Please advise.

Comments

  • Yadnad
    Yadnad Posts: 2,856 Connected
    Yes the DWP will take the 28 days they are allowed to decide if they want to appeal against the Tribunal decision on a point of law.
     
  • DJMG
    DJMG Member Posts: 4 Listener
    I understand that however I just need to know if my daughter was allowed to accompany me in the court room as she is a minor.
  • Yadnad
    Yadnad Posts: 2,856 Connected
    DJMG said:
    I understand that however I just need to know if my daughter was allowed to accompany me in the court room as she is a minor.
    Why not. It was up to the judge on the day to say something if he wanted to.
  • DJMG
    DJMG Member Posts: 4 Listener
    Thank you for your reply. I'd just like to point out that the judge was a "she"! 
    #21st century
  • Peasmold_01
    Peasmold_01 Member Posts: 144 Pioneering
    Did your daughter act as a witness or just support? The Tribunal judge had the option to ask your daughter to leave the room if 'she' thought that some of the questions or your evidence would be too personal. She did not  and providing there was nothing in the judges ruling that contravened any aspect of existing rules of evidence or breached any rulings laid down in the act or handed down by the Upper Tribunal, then you have nothing to worry about. If there are no matters of law relevant to the hearing that the DWP can appeal on then you should hear from them within 28 days. Do you have the Tribunals decision in writing yet? Just as a matter of interest  some of the most insightful Tribunal judges are women, suggest you Google Upper Tribunal Judge Parker, her rulings on appeals have greatly advanced the cause of those seeking a Tribunal hearing in the hope the members of the Tribunal will overturn the DWP decision. 

  • Mumof2ds
    Mumof2ds Member Posts: 147 Pioneering
    Hi there. 

    Is your daughter a young carer? If so, then surely she had every right to attend! 

    As Peasmold 01 said the judge would have said something if she felt your daughter shouldnts be there? So maybe wait and see what the letter says. 

    My friends sons are both young  carers for their Mum, and go everywhere with her, even when they were at school, for important appointments etc. Nobody stopped them. 

    Good luck. X P x 
    Politeness costs nothing, but goes a long way in life. 
     Always look out for each other. Be kind. 
     Hugs and smiles mean the world. XX 
  • canalguy
    canalguy Member Posts: 1 Listener
    i know a friend of mine just won her pip appeal 2.5weeks ago after a year of waiting for court date, but they haven't paid the full year of back  pay,,

  • Peasmold_01
    Peasmold_01 Member Posts: 144 Pioneering
    Are you saying she has received a payment from the DWP in respect of the the Tribunal 's decision? If so that is very fast. In respect of how much the DWP have to pay her  look at the written decision from the Tribunal, it will state from what date the DWP have to pay any arrears. 
  • debbiedo49
    debbiedo49 Member Posts: 2,904 Disability Gamechanger
    @canalguy it took about a mouth for mine to come through. @DJMG I dont think you should worry about it. As previously said the judge would not have allowed it.
  • DJMG
    DJMG Member Posts: 4 Listener
    Thank you for the advice everyone. I have only had the decision verbally. The court date was 15th of August. My daughter is a young carer and I always need someone with me. My best friend was on holiday.
  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    Good to know that DWP staff still have little clue as to what goes on in a tribunal. The bench book discourages attendance from children but, whatever concerns there might be, there is nothing which makes it an error of law.

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