Supersession and MR/appeal

Quick one I hope.

Someone wants to request supersession of previous decision awarding them ESA (WRA) on grounds of deterioration in health, requesting they be placed in support group.

If DWP refuse to change original decision, can client go straight to appeal, or do they need to request MR of refusal of the supersession request first?

I can’t see the wood for the trees today….

Consideration of revision before appeal

7.—(1) This regulation applies in a case where—
(a) the Secretary of State gives a person written notice of a decision under section 8 or 10 of
the 1998 Act (whether as originally made or as revised under section 9 of that Act)(a);
and
(b) that notice includes a statement to the effect that there is a right of appeal in relation to
the decision only if the Secretary of State has considered an application for a revision of
the decision.

(2) In a case to which this regulation applies, a person has a right of appeal under section 12(2)
of the 1998 Act in relation to the decision only if the Secretary of State has considered on an
application whether to revise the decision under section 9 of that Act.

(3) The notice referred to in paragraph (1) must inform the person—
(a) of the time limit under regulation 5(1) (revision on any grounds) for making an
application for a revision; and
(b) that, where the notice does not include a statement of the reasons for the decision
(“written reasons”), the person may, within one month of the date of notification of the
decision, request that the Secretary of State provide written reasons.

(4) Where written reasons are requested under paragraph (3)(b), the Secretary of State must
provide that statement within 14 days of receipt of the request or as soon as practicable afterwards.

(5) Where, as the result of paragraph (2), there is no right of appeal against a decision, the
Secretary of State may treat any purported appeal as an application for a revision under section 9
of the 1998 Act.

Thanks Paul, are you suggesting that the supersession decision gives rise to the right to appeal then, without necessity of further MR?

Funnily enough I looked at that and nearly replied the same but R(DLA)6/02 brought a decision on refusal to supersede within the ambit of a S10 decision so the MR requirement should bite.

I haven’t looked whether R(IB)2/04 modified that but as Rowland & White points to 6/02 I don’t think I need to.

Thanks Dan.