Subject:
"supersession of invalidity benefit awards"
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alison gillies
Welfare Rights Appeals Team, Glasgow City Council Member since 10th Feb 2004
supersession of invalidity benefit awards Tue 10-Feb-04 03:26 PM
In CSIB/501/03 the Commissioner (Sir Crispin Agnew of Lochnaw) considers whether 6(2)(g) can be used to supersede where the decision to be superseded is one awarding invalidity benefit rather than incapacity benefit.
His conclusion is that there is no transitional provision which allows 6(2)(g) to be used and he sends the case back to the Secretary of State rather than to the tribunal.