Reply To: Living on fresh air


I dont agree with Kevin on this one, nor do I agree that you can suspend and terminate or revise.

The reason is you simply have no grounds because revison/supersession can only be done on grounds of mistake as to material fact or law or official error.

You have no grounds to say that the earlier decision was based on a mistake or an official error.

If you suspend because of a failure to comply with an infroamtion requirement, you must show that the person did fail. I dont think you can do that because a person cannot fail to provide information that he does not have. Indeed D&A Regulation 13(4)(b) provides for the claimant to satisfy the LA that either the infromation does not exist or it is not possible to obtain it.

If Regulation 13(4) is satified, the LA must restore payment.