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review due to official error v supersession
relates to ESA but i suppose this is a general review/supersession query.
client not given income related top up on conversion to ESA they were due. subsequently discovered by me and ESA3 done.
DWP have treated it as a supersession and added the top up from the date of contact re the ESA3 (with a 1 month backdate) but said they cant review as outside the 13 month time limit.
they havent considered official error from what i can see which is what i want to argue. only the other grounds for review that are time limited.
i think i can show official error, but does that mean i am still caught out by the fact a decision not to revise cant be appealed to a FTT or does the fact they havent considered the actual ground of error of law mean the tribunal has the power to treat the supersession as a review?
any thoughts appreciated.