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Top Decision Making and Appeals topic #439

Subject: "Jurisdiction & powers of appeal tribunals" First topic | Last topic
jason
                              

caseworker, halton district CAB, widnes
Member since
26th Feb 2004

Jurisdiction & powers of appeal tribunals
Thu 19-Aug-04 11:19 AM

Tribunal of Commissioners CIB/4751/2002.
Latest Disability Rights Bulletin quotation on the above-"....For example a DLA supersession on the ground that the claimant's condition had worsened does not allow the DM to make a less favourable decision than the original".

This happened to my client- asked for a review on basis of deterioration-knocked back from mid care/high mob to zero.

Has this now been made illegal?

  

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Ian_Miller
                              

Welfare Rights Officer, Hull Social Services Welfare Rights, Pickering Cen
Member since
27th Feb 2004

RE: Jurisdiction & powers of appeal tribunals
Thu 19-Aug-04 12:15 PM

The Commissioners said that a deterioration would not constitute grounds for a supersession reducing the award. However, if information is received that suggests that the claimants condition has improved, or the original award was wrong, the Secretary of State (or Tribunal) can initiate a supersession (or revision) on his own initiative. So awards can still go down as well as up.

  

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Top Decision Making and Appeals topic #439First topic | Last topic