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Decision maker and 1st tier tribunal decision
In December 2012 our client had a decision from a tribunal that they had less than £6000 in capital and so her claim for ESA(IB) succeeded.
However a decision maker has now made a decision that the client has had over that amount since at least July 2010. An overpayment has been raised.
The DWP have not provided any evidence, other than that put before the tribunal to make the new decision.
We have made several requests for the reasons and evidence they used to make the new decision.
No Statement of Reasons for the tribunal’s decision request was made by the SoS.
Do they have any powers to do this?
See reg 6(2) DA regs and the annotation to the same in the legislation book… vol III page 549.
They do have powers to do this if a material fact has been overlooked. Has there been anthing new that the tribunal were not aware of? If not I can’t then see how they can supersede..