Can we change the decision??

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  • #45530

    Hi all

    I am looking for some clarification to settle an argument.

    Tenancy start date 12/12/11

    Clmt contacts 06/01/12 to make a claim for benefit

    Form received 15/02/12

    The claim was paid from the Monday after the claim form was received as it was outside a calendar month of the date of first contact and it was not felt that the clmt has good reason for the delay.  The clmt requested a backdate to 12/12/11 which was refused.

    She appealed and it went to the tribunal service.

    Tribunal judge found in our favour November 2012 and confirmed that the earliest date of entitlement was 20/02/12.

    My understanding is that in agreeing our decision the judge has looked at all the evidence including her intention to claim on 06/01/12. 

    The clmt has now written in questioning the decision and a colleague considered that new information had been received and wants to overturn the tribunal decision.  Our adjudication team have looked at the information and decided that there is nothing new and that we are unable to change the decision.

    I think that her dispute is with the tribunal service and that she should have ask for a statement of reasons with a view to requesting permission to appeal to the upper tribunal (although she is late to do this so they might not accept it).

    Am I missing anything that would allow us to pay this from an earlier date??




    I had a similar question here and had some very helpful replies:

    Requesting statement of reasons from the LA…?


    Thanks Micheal – that confirms my thoughts

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