|
In order to stop benefit the DWP would need to supersede the decision. Grounds for supersession are a change of circumstances, or that the decison was made in ignorance or because of a mistake as to a material fact, or that it was the result of official error (reg 6 of the Decisions and Appeals regs- see commentary on p556-560 of Rowland) .
The DWP often gets muddled about this in my experience. A new medical report is not, in itself, a change of circumstances but might point to a change in condition which would be a change in circumstances. If your client is still the same (or worse) than when the decision was made, you should argue that there hasn't been a relevant change of circs and so no grounds for supersession.
Sometimes the DWP says that a decision was made in ignorance of a material fact. They need to show what primary fact this was. They will often state something like the fact that someone can walk for 800 metres (after their doctor or IB doctor has said so). This is not a primary fact but an inference taken from the facts and is not enough to justify supersession. Good idea to get supportive medical evidence none the less.
Maybe best to appeal and see what it says in the papers.
|
