Planned reviews and grounds for revision/supersession - new UT decision

Interesting decision - [2017] UKUT 46 (AAC) - which highlights that when carrying out a planned review DWP must have grounds for revision/supersession.

Further, that where the current award comes from a decision made by a tribunal, there is no right to revise and only very limited grounds to supersede - at paragraph 6 -

This is not a case where an existing award of PIP by a decision maker has been overturned during its projected term. It is a case where a Tribunal’s decision has been overturned. In that context regulation 31 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 (SI 2013/381) is surely relevant. That provides as follows:
“Tribunal decisions
31. The Secretary of State may supersede a decision of the First-tier Tribunal or Upper Tribunal which—
(a) was made in ignorance of, or was based upon a mistake as to, some material fact; or
(b) in a case where section 26(5) (appeals involving issues that arise in other cases) of the 1998 Act applies, was made in accordance with section 26(4)(b) of that Act.”

and at paragraphs 26 and 27 -

26. Further, the Secretary of State has no power to revise a decision by a First-tier Tribunal. The revision powers may only be exercised in relation to an earlier decision by the Secretary of State (see regulations 5 and 8 of the 2013 Regulations). So revision was off the table.
27. It follows that the Secretary of State could only interfere with FTT 1’s decision by way of making a supersession decision.