Reply To: PIP for partner we didnt know about . . .

#164198
d-stainsby
Participant

I dont agree

Regulation 104 is not necessarily relevant here.

This is because acquiring a partner is not of itself sufficient to form the basis of a superseding decision.  (R(IS)13/05)

Depending on the date you carried out the superseding decision you  may well have properly  redetermined the award  from February 2017 taking all the circumstances into account, but you determined an actual ( not so called underlying) entitlement. 

The award of PIP to the partner provides a ground for supersesion under Reg 7(2)(i) of the Decisions and Appeals Regs.

Reg 8(14) provides that the superseding decision shall (my emphasis) take effect from the date of entitlement to the relevant benefit.

You have in effect two superseding decisions to make, one effective from February 2017, the other effective from October 2017.