Client had been awarded Standard rate of DL (no mobility) from 12.7.17 to 7.12.19. This decision was superseded on 6.6.19 taking away his PIP award. No change at MR, so client appeals. Whilst waiting for the appeal, DWP advises Client to make a new claim.
New claim made in April 2020 and in July gets awarded Enhanced DL- From April 2020 to May 2023. No Mobility.
Appeal (re decision of 6.6.19) is heard in Sept 2020. Tribunal is aware of new claim and award, notwithstanding, the decision is not for a closed period. Tribunal awards Client the Enhanced DL & Standard Mobility from 7.12.18 to Dec 2023.
1) Am I correct in believing that the start date is an accidental error and should be from 6.6.19 (? End of last award) which can be amended according to regulation 36 of the Tribunal Procedure (First-Tier Tribunal) (Social Entitlement Chamber) Rules 2008: https://www.legislation.gov.uk/uksi/2008/2685/article/36/made
….or will the additional award from the tribunal decision be paid from 7.12 18 to 6.6.19 and then paid in full from 6.6.19 to the date of the new claim?
2) Does the Tribunal have jurisdiction to make an award past the date of the new claim? I have always thought it’d be for a closed period. If there’s a regulation accepting this, then the fresh claim (April 2020) will be superseded by the decision of the tribunal (EDL, SM) on the previous claim? (I think I’m being hopeful…!)
Thanks for any input!