Reply To: Late notification of a beneficial change


Thanx chaps.

I’ve tried to go down the route of “why are you superseding the decision?” As Peter says, in this case, it is not because “there has been a change of circumstances” as defined in reg 7(2)(a) of the Decisions and Appeals regs. If it were, then reg 8(2) would apply and the advantageous change clause in reg 8(3) would take effect.

Instead, the reason for the supersession is the award of a relevant benefit, as per reg 7(2)(i). Reg 8(2)-(3) cannot apply here because you are not superseding for a “change of circumstances”. Reg 8(14) must apply, as it specifically refers to reg 7(2)(i).

So I appear to have convinced my colleague (either that or he’s just given up), now I just have to convince the person he was discussing it with! 🙄

If the job was easy, they wouldn’t need people of our calibre to do it…… 8)