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Advice for refuting HP findings
- BitsOf
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2 days 1 hour ago #310260 by BitsOf
Replied by BitsOf on topic Advice for refuting HP findings
So the supersession doesn't apply here as it was a planned review as the award was granted for a set time?
Her health hasn't improved, it has gotten worse unfortunately
Her health hasn't improved, it has gotten worse unfortunately
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- LL26
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1 day 21 hours ago #310263 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Advice for refuting HP findings
Hi BitsOf,
If the award is still running it's a Supersession.
Eg award is from 1st Jan 2021 to 31st Dec 2025
Review letter sent out July 2025
Decision made 12th Aug 25- the decision to reduce benefit is made within the award period it is a Supersession.
If no extension of the award is made. You forget to sent the review form back. Award ends 1st Jan. 2026 DWP then review and reduce benefit as of 15th Jan 2026 not a Supersession.
If it's a Supersession then there is a set process that DWP must follow and they have the burden of proof. Otherwise DWP can't simply revise a decision but this does require such a detailed procedure. If a Supersession isn't lawfully made then the decision is not lawful and you can argue to DWP and or Tribunal it should be changed back to the decision that existed before the Supersession.
It's all very complicated....
LL26
If the award is still running it's a Supersession.
Eg award is from 1st Jan 2021 to 31st Dec 2025
Review letter sent out July 2025
Decision made 12th Aug 25- the decision to reduce benefit is made within the award period it is a Supersession.
If no extension of the award is made. You forget to sent the review form back. Award ends 1st Jan. 2026 DWP then review and reduce benefit as of 15th Jan 2026 not a Supersession.
If it's a Supersession then there is a set process that DWP must follow and they have the burden of proof. Otherwise DWP can't simply revise a decision but this does require such a detailed procedure. If a Supersession isn't lawfully made then the decision is not lawful and you can argue to DWP and or Tribunal it should be changed back to the decision that existed before the Supersession.
It's all very complicated....
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- BitsOf
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11 hours 32 minutes ago #310297 by BitsOf
Replied by BitsOf on topic Advice for refuting HP findings
Sorry if this is another duplicate post. I had some weird error come up about flooding the board and having to wait so am not sure the post even got through to be checked.
The award was originally until 06/25, the review forms came 11/24 and were returned 12/24.
06/25 they granted a 12 month extension to the award.
10/25 assessment and change of award from higher for both to standard for both.
So the award was ongoing but only due to the extension so I haven't a clue if that would make it a supersession.
The award was originally until 06/25, the review forms came 11/24 and were returned 12/24.
06/25 they granted a 12 month extension to the award.
10/25 assessment and change of award from higher for both to standard for both.
So the award was ongoing but only due to the extension so I haven't a clue if that would make it a supersession.
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5 hours 52 minutes ago #310304 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Advice for refuting HP findings
Hi BitsOf
In my view, that's still a supersession. They gave you the extension, and so the award was still running, when they down graded the award.
BIS
In my view, that's still a supersession. They gave you the extension, and so the award was still running, when they down graded the award.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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