I have a case in which the client claimed ICB several years ago. He failed a PCA, appealed and was successful at tribunal, in around 2005.

He had another PCA and failed again.

This time the DWP cannot find the previous papers, and are unable to state when in fact it was that he first became entitled to ICB.

Hence in their supercession decision they use the date of his last tribunal, freely admitting they cannot prove when it was he first became entitled.

Can this be done? In other case papers for other clients they are superceeding the original award of benefit.

Many thanks.

Hi Paul

Until the decision in R(IB) 2/04 it used to be huge fun when looking at the appeal papers to cry “but they’ve revised the wrong decision, they’re supposed to have revised the last operative decision but the fools have revised the decision before that” or words to that effect. That used to be sufficient to get the tribunal to allow the appeal and kick the case back to the Department to get it right next time.

What bliss it was in that dawn to be alive. Unfortunately those killjoy commissioners have allowed tribunals themselves to repair those defects in the supersession process and made it indisputably clear that the Department doesn’t even have to identify the date of the decision being superseded as long as the supersession itself has been correctly carried out and shown to be correctly carried out.

Regards
Paul