exemption as awrded by court of law

If you appeal a DWP decision to a tribunal, their judgement pertains to the original decision. There is nothing to stop you being reassessed the next day. E.g. let us say that the DM says in July that you are not exempt and you appeal and in December, you get a tribunal decision that you were exempt, the decision pertains to the situation in July, not the situation in December. Therefore, there's nothing to stop a DM taking a different view based on your circumstances in December as opposed to your circumstances in July.

rach, the sec of state is fully aware of the courts decsion.

the dwp confirm that a tribunal (court of law) did infact decide i was exempt, the sec of state is fully aware of the courts decsion.

Survivor wrote:

If you appeal a DWP decision to a tribunal, their judgement pertains to the original decision. There is nothing to stop you being reassessed the next day. E.g. let us say that the DM says in July that you are not exempt and you appeal and in December, you get a tribunal decision that you were exempt, the decision pertains to the situation in July, not the situation in December. Therefore, there's nothing to stop a DM taking a different view based on your circumstances in December as opposed to your circumstances in July.

yes i agree, however this is an imprtant point.

the sec of state did not award me the exemption status.

it was a court of law that awrded me the exemption ststaus

the sec of state can not i belive, overturn this courts decsion, a court of law has demmanded the sec of state treats me as exempt from the pca (reg 10)

if you are exempt from the pca (as court order) then the sec of state can subject you to a pca, because i court of law has ordered them to find me exempt from this pca.

this is the point that keeps getting missed..there must be a difference between been awarded exemption from the sec of state and been awarded exemption by a court of law, the sec of state does not have the power to end a court of laws exemption that was given to me......

if you are exempt from the pca (as court order) then the sec of state can subject you to a pca, because i court of law has ordered them to find me exempt from this pca.


should read can not subject you to a pca

It all depends upon the point in time at which the court said you were exempt.

The fact that a court says that you are exempt does not mean that you continue to be exempt the next day unless the court's decision says that it does.

You will have to read the court's decision carefully and be very sure as to when it specifies that you are exempt.

Survivor wrote:

It all depends upon the point in time at which the court said you were exempt.

The fact that a court says that you are exempt does not mean that you continue to be exempt the next day unless the court's decision says that it does.

You will have to read the court's decision carefully and be very sure as to when it specifies that you are exempt.

i have read it they do not state any lengths of time etc.


the court has simply stated "the appellant is exempt, reg 10 applies the appellant sufferes from a serve mental illness as defined)

this is all that is stated on the decision notice.

so the court has not said how long this exemption lasts, they have simply stated "appellant is exempt"

i have put this to the jobcentre.

the facts of the case are

1 a court of law exempted me reg 10, if a person is in a exempt catergory they do not need fill in a ib50 or attend a medical, otherwise wot would be the point of the exempt cats?


2 the sec of state is assuming and making up his own dates as to wehn the courts exemption should come to a end.

3. a court of law had orderd i am in a exempt cat, if you are exempt then you need not be subject to the pca.

4. the sec of state can not simply subject you to the pca, when a court has decided you are exepmt from that very process, this is my argument.