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TOPIC: Thank you! But also a query re supersession

Thank you! But also a query re supersession 2 years 1 week ago #129474

Hi, firstly I want to say thank you to Benefits and Work for all your good advice and guides. I have been accepted into the support group for ESA after requesting a supersession without being asked to attend a medical. Great news!

However - I asked for the supersession back in September by letter and then in October provided them with a new ESA50 and supporting evidence (my health had deteriorated further). I received the letter yesterday saying I have been placed in the SG from 3rd February 2015.

Is this correct? I thought the award was meant to be from when you first told them of the changes. Am I being penalised for it having taken them 4 months to look into? What should I do now? or should I leave well alone?

Thanks!
Last Edit: 2 years 1 week ago by bro58.
The administrator has disabled public write access.

Thank you! But also a query re supersession 2 years 1 week ago #129482

  • bro58
  • OFFLINE
  • Forum Moderator
justy wrote:
Hi, firstly I want to say thank you to Benefits and Work for all your good advice and guides. I have been accepted into the support group for ESA after requesting a supersession without being asked to attend a medical. Great news!

However - I asked for the supersession back in September by letter and then in October provided them with a new ESA50 and supporting evidence (my health had deteriorated further). I received the letter yesterday saying I have been placed in the SG from 3rd February 2015.

Is this correct? I thought the award was meant to be from when you first told them of the changes. Am I being penalised for it having taken them 4 months to look into? What should I do now? or should I leave well alone?

Thanks!

Hi j,

We have seen this before with other members in similar situations.

As it was you who instigated the review/supersession by reporting a Change in Circumstances, (C in C) and not the DWP Decision Maker, the superceding decision should be backdated to the date that you first made them aware of the C in C.

This should be the date of your initial letter reporting the C in C, or at the very latest the date that they received The ESA50.

I am sure that they would have adhered to this rule if your reporting of the C in C would have resulted in a reduction in any benefits that you were being paid.

It may be time to involve your M.P. if they won't back down.

Contacting your MP

bro58
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 2 years 1 week ago by bro58.
The administrator has disabled public write access.

Thank you! But also a query re supersession 2 years 1 week ago #129537

Thanks for the response - its as I suspected. I imagine I will need to write to them then. Would you be able to point me in the direction of the legislation/rules that show the benefit should be paid from the time the C IN C was notified?

Thanks again!
Justy
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Thank you! But also a query re supersession 2 years 1 week ago #129571

  • Gordon
  • OFFLINE
  • Forum Moderator
Justy

Refer them to the Decision Makers Guide Volume 1 Principles of decision making and evidence paragraphs 04200 onwards

www.gov.uk/government/uploads/system/upl...e/337313/dmgch04.pdf

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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