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Thank you! But also a query re supersession 6 years 11 months 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: by .

Thank you! But also a query re supersession 6 years 11 months ago #129482

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
Last edit: by .

Thank you! But also a query re supersession 6 years 11 months 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

Thank you! But also a query re supersession 6 years 11 months ago #129571

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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