PIP Award Removed at Review - UT ruling CPIP/ 1623

Hi Sarah,
Firstly your full name seems to be showing, so you may wish to click here:

www.benefitsandwork.co.uk/contact-and-help/registering#r11

I will try to answer your post, without hopefully getting too technical.
First, let me tell you about the case of R(M)1/96. This case from 1996 confirmed that reductions in benefits awards need a full explanation. The rationale is that this is part of open justice. This is now enshrined in the ECHR (human rights) legislation. Additionally, the right to non interference of private property has been extended to cover the right to receive benefits. Basically if someone fulfils the relevant criteria they have a right to receive benefits.
So then PIP is created. Inder the Regulations as with other benefits, DWP can revise benefit. This is called a supersession.(verb is to supersede.) There are various ways under the PIP Regs that allow a supersession. One of these is upon receipt if a new medical report this could be a DWP assessment report. DWP also have the power to instigate a review at any time. So, DWP start a review. There is a new assessment, and the all too familiar poor report arrives, and is of course relied upon by DWP and you've guessed it, nil points and no PIP. But how could this have happened, especially concerning a chronically disabled person who has has disability benefits for years?
The case to which you refer also called KB deals with this point.
DWP have superseded KB's PIP, relying on one of the Regulations that permit a supersession. But think of this just because your car can go at 70mph or perhaps more it doesn't mean that you should actually drive at 70. There are speed limits road conditions, weather etc etc which must all be taken into account and may indicate that going at 70 is illegal. The same argument applies to a supersession- yes it may be allowed but will only be lawful if fully argued AND an actual change of circumstances has occurred, not the conceptual one according to the assessor! Additionally, DWP will have to show when such a change of circumstances exactly happened, in order to prove the correct (and lawful) effective date of the supersession.
It is important to note that whilst a first time claimant needs to prove that he/she meets the requirements of the benefit in order to receive it, once DWP wish to supersede benefit to reduce or remove it it is for DWP to prove the change of circumstances. If DWP do NOT prove on the balance of circumstances then the award will revert to the level prior to supersession, unless a subsequent Tribunal can then find evidence that the prior award is too low.
KB was one of series of recent cases where DWP was criticised for not having explained a previous benefit award, not providing paperwork for discrepancies between other previous or current disability benefit awards such as DLA or ESA, even if this is a first claim.
So yes DWP do need to make full explanation of all sorts of discrepancies between previous PIP awards and other existing benefits. PIP can only be reduced if all the correct process has occurred and been explained.
I hope this clarifies the complicated area of supersessions!
LL26

Absolutely Sarah, and when it comes to MRs I do sometimes do draw the DM’s attention to specific case law.

Wishing you success
Catherine

Hi mrfibrospondodysthmatic

Yes there is,

Choose from the options from the link below in blue, for details of regulations and case law relating to personal independence payment. You can search by activity, issue or health condition to find out more about the legal framework and how the Upper Tribunal has interpreted the law. pipinfo.net

Gary