Have just revised a backdating refusal and whilst not awarding anything to the claimant I have since had the CTB liability amended and the whole period in question is now more than 52 weeks before the backdating request was made, whereas before there was 1 day (yes 1 day!) that fell into the 52 week period. Therefore I have revised decision in line with Reg 17 of the DARs.
My next problem is what to do now as I have not revised decision advantageously. Under Reg 17, as I read it, the appellant has a further month in which to make representations, and if they don’t then the appeal is submitted as it was and includes the revised decision.
My next problem is what submission should be made. The appeal would fall under the old ‘misconceived’ appeal conditions as the Tribunal would not be able to award backdated CTB to cover the period in question. This is where that Friday feeling has crept in. Somewhere in my mind I’m thinking that the submission which should be done in a month’s time from today is an OOJ one.
Anyone clever out there care to enlighten poor confused me!!
Do I know what I'm doing? The jury's out on that........................
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