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Thread: happy

  1. #1
    New Member
    Join Date
    Feb 2014
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    2

    happy

    i've just won my hearing today but i need to know something,is it possible that DWP appeal against tribunal decision.i will be glad if someone reply this post.thanks

  2. #2
    Senior Member
    Join Date
    Dec 2012
    Posts
    2,782
    In a word - YES - they have exactly the same rights has you and must do it in exactly the same way you would by beginning with requesting a 'Statement of Reasons from the Tribunal. You will be notified if they do this and will be granted Legal Aid to be represented at the UT Hearing, though it only occurs very rarely.

  3. #3
    Senior Member
    Join Date
    Dec 2013
    Posts
    3,512
    To add to Jard's reply, a First-tier Tribunal's findings can only be challenged on the grounds of error of law.

    For example, DWP could not appeal because they are unhappy a tribunal found you could walk 20m when they maintain you can walk 200m, as this is a finding of fact in respect of which no further appeal rights exist. However, if DWP believe the law has been misapplied to the facts, including certain types of procedural error by the tribunal, they could appeal.


    It's rare for DWP to appeal, especially as most benefit tribunals relate solely or primarily to disputes over the facts. However, there are times when the claimant gets a letter stating DWP are appealing the tribunal's findings (or are considering appealing) and will not be implementing the tribunal's decision in the meanwhile.

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