More mire… retrospective changes of circumstances

I need to put this out to the hivemind…

Fans will remember my mire of changes of circs; client had a substantial change of circs while an appeal was pending, appeal was heard and refused before the change was notified. We asked for supersession of the award from a date several months after the WCA appeal was made while client was deemed LCW by virtue of reg 30.

My understanding is that, accepting good reason for late notification the award should be superseded to be deemed under reg 25 and the WRAC becomes payable.

Cutting to the chase I now have a directions notice from a DTJ telling me that because the change was notified after the claim was closed we cannot appeal against DWP’s refusal to supersede.

There are very strong grounds for accepting the late notification, to be honest DWP kind of have done although they’ve not paid the WRAC (client was comatose for a lot of the time she didn’t notify the change) just maintained

Now it’s bounced off the FtT a couple of times now and the Judge who’s dealing with it is clearly tiring of the case but I don’t think that it’s a convincing answer so thought I’d check I’m not going mad before I make a fool of myself.

Nope, forget it; they’ve finally seen sense and paid the WRAC.

Game over.

Thank goodness for that. Sounded like one of those ‘forth bridge’ cases that never ends.