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Top Decision Making and Appeals topic #1840

Subject: "supersession" First topic | Last topic
sylvian
                              

welfare rights supervisor, julian housng norwich
Member since
19th Sep 2006

supersession
Tue 19-Sep-06 09:00 AM

Just been asked to rep a case - appeal next week

Client's DLA was up for renewal on 28 Dec 2005 (on High Care, Low Mob)
Decision Maker treated renewal as supersession and removed award from 22 Dec 2005.
Client Appealed

DM based decision on GP's report but had no basis for making decision as of 22 Dec 2005.

Any good arguments as to why the supersession is invalid and that the decision should be treated as the renewal claim.

  

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david fernie
                              

WRO, Appeals Section, Glasgow City Council
Member since
14th May 2004

RE: supersession
Tue 19-Sep-06 10:10 AM

Without more information, its difficult to give a complete answer but if the GP report does not give grounds for the superseding decision then you have an argument that the burden of proof has not been discharged (the burden being on the Secretary of State where he initiates the supersession).

Then following R(IB)2/04, the tribunal can substitute its own decision which can alter the period of the award (assuming your client wants their entitlement to run longer than an extra 6 days).

David

  

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Top Decision Making and Appeals topic #1840First topic | Last topic