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Supersessions - personal independence payment

 

Dav
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I have a client who was awarded standard rate of daily living and no mobility - DWP started a review and client not awarded.  They superseded the original decision and the award was from 16/06/2016 to 26/02/2018 and as they could not decide from which date client is supposed to have got better, the new decision is from 27/02/2018 so I think that this is an appeal but not a supersession as the new decision is dated after the end of the previous award.
Sorry I am still struggling to understand - when it a supersession or an appeal?

Second issue - if a client has previous award cancelled within a award period due to review and client appealed.  Several months later, a new claim went in and she has been awarded - so if we argue that there were no grounds to supersede and it was successful, the award is only up to when the new claim started?

      [ Edited: 8 Aug 2018 at 12:28 pm by Dav ]
Elliot Kent
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On the first issue, there would not normally be a review in the course of such a short term award - instead your client would normally be expected to make a new renewal claim towards the back end of his award period.

Assuming that is what happened, then your client’s award on the initial claim would have ended (simply by the passage of time) on 26th and the DWP decision on the 27th is to refuse the new claim - so not a supersession decision at all.

The decision maker on the 27th could (perhaps should) have also taken it on himself to consider if there was any basis on which to insert a superseding decision between the start and end of the first award - for example, he could have decided “I am superseding to award ER/ER with effect from 01/01/18 because I have taken the renewal form as informing us about a change of circumstances - i.e. your condition having gotten much worse”.

But the actual choice of words used by the decision maker in that letter is simply nonsense. You can’t supersede and terminate an award with effect from the 27th if the award ceased to exist on the 26th. Presumably, its a consequence of template decision letters.

On the second issue, yes. It’s looking at a “closed period” which ends on the day before the award on the new claim starts.