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Advice for refuting HP findings

BitsOf
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Away

1 day 14 hours 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

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LL26
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1 day 10 hours ago #310263 by LL26

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

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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