Appeal or supersession or what are JC+ on about?

Hi guys. Quick question, as i reckon Jobcentre plus have cocked up again.

I have a client who is on ESA and in WRAG. He had a stroke that left him completely blind 4 years ago, and this was the basis of his claim.

He was placed in WRAG back then and did not appeal, as he didnt know he was in WRAG or what it meant.

As you may know if someone cannot read 16 point print, and cannot understand braille (he cant, not blind from birth and never learned) then that meets criteria for Support Group status as the law was changed about 2 years ago regarding this communication descriptor.

I helped him with his ESA50, and sent a separate letter to Jobcentre Plus saying I wanted the WRAG decision superseded. I explained his health had not deteriorated, however a change in Law should be enough to supersede the decision and place him in SG, as he now meets the criteria.

They called my office when on Vacation, and left a message saying the decision must be properly appealed with a GL24, and i must give a damned good reason why the appeal is late.

Firstly   : The WRAG decision was made over 13 months ago, so i cant appeal.
secondly:  There is nothing to appeal : when the decision to place him in WRAG was made then it could be argued the decision was correct, as the 16 point law change occurred well after
Thirdly : Where do i go from here? I made a supersession request that was verbally refused.

I dont want my client running round in circles when he quite clearly meets the criteria anyway.

Is it worth writing to them again, or trying to nail down a supersession refusal date and appeal that decision?

Thanks, in advance

A decision can be superseded if it was based on a mistake about the law – D&A reg 6(2)b(i) – so I’d suggest you chase up the supersession request you made by letter some time ago, and then appeal it if necessary.

It’s not a mistake as to the law if the law was applied correctly at the time.  A change in the law is a change in circumstances sufficient to found a request for supersession under reg 6(2)(a)(i) of the D&A Regs.  You should pursue a decision and appeal that.

Thanks guys, as always.

Just faxed the Atos directive to Jobcentre Plus. Fingers crossed!