Tribunal's power to reduce/remove an award

Hi,

As mentioned in a previous post, I have an upcoming DLA tribunal which should be heard early next year. I'm also in the process of being migrated from DLA to PIP (assessment done, waiting for the final decision).

My query is regarding the new DLA tribunal. I know that tribunals can reduce or remove an award entirely, if they see fit. However, it's very likely that, by the time the hearing takes place, I'll be on PIP, and my DLA claim will no longer be live. So, which of these statements would be true?

a) The tribunal can't reduce/remove the award, because the claim is no longer live.

b) The tribunal can reduce/remove the award, thus generating an overpayment.

c) The tribunal can reduce/remove the award, which would not result in an overpayment, but may affect the live PIP claim (i.e. prompt DWP to look again at the claim)

I suspect a) is the most likely scenario? I think b) would be really unfair, and c) isn't particularly appropriate because DLA and PIP are different benefits with different conditions of entitlement, and my DLA claim was based on how my condition was in 2012, and my PIP claim is based on how my condition is now.

I know in reality it's very unlikely that the tribunal will consider reducing my award, but I worry over every little thing. Does anyone have any definitive advice about this?

Thanks.

Jonathan wrote: Hi,

As mentioned in a previous post, I have an upcoming DLA tribunal which should be heard early next year. I'm also in the process of being migrated from DLA to PIP (assessment done, waiting for the final decision).

My query is regarding the new DLA tribunal. I know that tribunals can reduce or remove an award entirely, if they see fit. However, it's very likely that, by the time the hearing takes place, I'll be on PIP, and my DLA claim will no longer be live. So, which of these statements would be true?

a) The tribunal can't reduce/remove the award, because the claim is no longer live.

b) The tribunal can reduce/remove the award, thus generating an overpayment.

c) The tribunal can reduce/remove the award, which would not result in an overpayment, but may affect the live PIP claim (i.e. prompt DWP to look again at the claim)

I suspect a) is the most likely scenario? I think b) would be really unfair, and c) isn't particularly appropriate because DLA and PIP are different benefits with different conditions of entitlement, and my DLA claim was based on how my condition was in 2012, and my PIP claim is based on how my condition is now.

I know in reality it's very unlikely that the tribunal will consider reducing my award, but I worry over every little thing. Does anyone have any definitive advice about this?

Thanks.

Hi J,

If The Tribunal were considering reducing or removing your DLA award that is under appeal, they would first have to issue you with a warning that this may happen.

They would then give you the opportunity to either continue with your appeal, or withdraw it.

In any circumstances, any DLA award decision made by The Tribunal, would only be applicable until 4 weeks after the date of the PIP decision that you are awaiting.

Therefore, if the Tribunal's DLA Decision is in your favour, any arrears of DLA would be payable from the date of the adverse DLA decision appealed, until 4 weeks after the date of the PIP decision.

If your PIP claim is unsuccessful, again, any DLA owed would be paid until 4 weeks after the adverse PIP decision.

In that scenario, you would need to request a Mandatory Reconsideration/Appeal of the adverse PIP decision.

As you say, it is quite rare for Tribunal's to reduce or remove an existing award, and as previously stated they cannot do this with out first warning you that they are considering doing just that.

bro58

Hello,

As you may remember from my previous posts, I've been going through the DLA to PIP migration merry-go-round. I phoned DWP today to ask if a decision had been made (as I already had the PIP report) and I'm pleased to learn that I've been awarded the enhanced rate of both components until 2019

This will make a huge difference to me, as my DLA rates were LRC and LRM, so the step-up is quite dramatic.

Thanks to everyone here - Gordon, bro58, Jim Allison, et al, for your invaluable advice over the months and years that I've been part of this community. And thanks to those responsible for the great guides in the members area, as they are really beneficial when it comes to filling in those daunting forms!

I still have a DLA tribunal hearing to go through next year, but I am buoyed by this PIP decision, and I'm hopeful that, with the help of your excellent guides, I'll have a good chance at the tribunal. I'll let you know how it goes!

Thanks again to everybody. Keep the faith

Hi J,

I have merged your topics !!

Great News!!!

Thanks for letting us know !!!

Wishing you a Merry Xmas and a peaceful New Year !!

bro58

That is great news! Thanks for letting us know and for your kind words about B+W I do hope that your ESA claim is equally successful but, meanwhile, that you will be able to relax and enjoy Christmas.