ESA - changed decision - effect on Appeal ?

Client previously awarded ESA and allocated to Support group . Following a review (ESA50 + medical) continued to be awarded LCW but not LCWRA - date of decision = 04/06/10 .  Client Appealed - DM reconsidered but did not change decision . Client now tells me he has received a letter ( I am waiitng for a copy to see details) stating LCWRA awarded from 26/10/10 to 25/11/11 .

I am questioning whether the start date of the LCWRA award is correct - should it be 04/06/10 ?  Has the Appeal lapsed as a result of this decision ? I’m totally confused and would appreciate someone explaining the principles .
Thank you

Basically, although I am not privy to the details of your client’s case, a decision revised on appeal should take effect from the date of the decision under appeal.  If revised in the client’s favour then appeal lapses.

If the decision takes effect from a later date then it sounds like supersession.  If so the original appeal is still live and must be processed and sent down to The Tribunals Service.  Because of the principle of finality of decisions then appeal deals with period from date of original decision up until date of supersession.  If the client disagrees with the supersession decision (unlikely in this case) then that decision would have to be appealed separately.

I agree with nevip.  An appeal only lapses upon REVISION.  If there has only been a supersession, the appeal is still live.  This point arose in a HB/CTB case - CH/2091/2005 (para 19).

Thanks Nevip . As always with these things as I’m writing I feel I’m going to get to the answer and then I confuse myself hence the plea for help with this one . I’ve read and read Sweet + Maxwell about Revision and Supersession but I’m having difficulty understanding how the DM can separate the LCWRA decision from the LCW decision .  Is it something to do with the WCA period ?  I do remember reading an old thread on Rightsnet suggesting the WRAC and the Support Component should be looked at in a similar way to the individual components of the DLA . On the face of it I don’t see a problem with that however , this case is about an existing ESA claimant called up for a review - so to be pendantic is this the scenario ?
claimant has to undertake a fresh assessment ie : complete an ESA50 and attend a medical unless specifically told not to by DWP . Whilst assesment carried out only gets paid basic ESA allowance until LCW and LCWRA decisions are made ie : even though claimant was on a higher rate of benefit in preceding period they now drop back to basic allowance until the new WCA is completed . Decisions are then made : first does claimant have LCW and if so does claimant have LCWRA .

My understanding at this point is although the two decisions are separate decisions they are made at the same time . In my client’s case he was awarded LCW but not LCWRA so we Appealed . Now DM has changed the decision and awarded LCWRA but not from date of LCW decison hence my question how can the DM separate the LCWRA decision from the LCW decision ?