Claimant was in receipt of middle rate care for indefinite period and high mobility restricted award up to 27/07/02. At renewal of mobility dla removed both components stating supersession on grounds.

At tribunal panel unanimous that grounds did not exist but chair was not sure <neither was I or presenting officer> on how to look at mobility as it was a fixed period award which had expired. Chair stated he was legally bound to look at supersession first and reinstate the award but was reluctant to do so as re instatement of the decision would mean that the mrc goes back in but the hrm has already expired and appeal is 2 years old.

Would like to hear any ideas as the dat was adjourned for further exploration with regard to how we can get the mobility looked at and re instated

PLEASE NOTE I HAVE SEEN cib4938/2002

Following the Tribunal of Commissioners decision in CIB/4751/2002 etc, the tribunal may make any supersession open to the DM (to over simplify). Although on the whole this decision is not everyone's favourite - by a long way - it can have its uses.

Therefore if the DM decides to supersede an existing award and give the claimant nothing, then it is open to the tribunal to decide that the evidence does not support this and change the supersession. They can then award both components for life or limit one - whatever they think is merited. They don't have to reinstate the old award, the supersession can be perfected!

I realise that CIB/4751/2002 is an english decision but hopefully (in this case anyway) the tribunal would be persuaded by it.

David

thanks david found this very useful

jim