Challenging a tribunals decision in my favour - what do the DWP do?

rogerblack

In short - I found that the tribunal did not address a large chunk of my evidence for DLA at all, and made their decision solely on the initial claim pack as sent to them by the DWP.

I was making arguments why I believe I qualify for at least mid-rate care and high-rate mobility.

On getting back the decision, and the statement of reasons, and the medical, I considered that it was unlikely that a new tribunal will come to a less generous decision than the previous one, so have appealed.

However, what's the procedure now?
I assume that if the decision is less generous, then there is a recoverable overpayment.

But what happens in the interim.
If the case goes to the upper tribunal, then clearly the decision stands until then.

But if it's setaside for a new hearing by the FTT does this nullify the decision, and mean there is then an overpayment until the new tribunal hears the case, or is there no new decision until the new tribunal hears the case.
Thanks.

nannytone_2

a case can only go to the upper tribunal on a point of law ... if you can prove that they have done something legally incorrect in coming to the decision they have made.

i don't know if you feeling that they 'ignored' your evidence would come into the matter at all.

Cpt.Scarlet

Failing to take into account evidence that was available would be an Error of Law, assuming that this is the case and that they simply didn't give it any weight.

If you win your Upper Tribunal hearing then the likely outcome is the a new First level Tribunal will be held again, with instruction to review the evidence in question.

You really need to get advice on this as appealing to the UT is not really for a lay person, although I have seen it done.

Also, any appeal must be made with one month of the date on the SoR,