Appeal – supersession or revision

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  • #31842
    lesleyb
    Participant

    Excess CTB identified: 10.04.06 – 24.05.09

    Awarding decision 07.03.06 effective 09.01.06 to 31.03.07, then 7 further decisions including change of circs and up-rating. The overpayment decision said ‘the decision of 20.05.09 supersedes the following decisions (each of the decisions have been identified). At the hearing Welfare Rights submitted a two page document and the hearing was adjourned to give the Authority time to respond. They have stated that the awarding decision was superseded, but every decision after would be revised – is this correct and if so can it be corrected at this stage – or if not correct what legislation can I quote to support our case.

    thanks

    #89052
    Anonymous
    Guest

    Welfare Rights are correct, the awarding decision is superseded (the effective date of the new decision being after the effective date of the original decision.) All subsequent decisions are then revised as the effective dates of the new decisions on which your outcome overpayment decisions depend is the same date as the original decisions.

    The practical effect of all this may not be crucial because a tribunal can substitute a revision for a supersession and vice versa. This is all explained in a Tribunal of Commissioners decision R(IB)2/04, but be warned, this is one of the longest and most tortuous decisions I have ever read (62 pages)

    #89053
    Kevin D
    Participant

    Ditto Stainsby.

    #89054
    lesleyb
    Participant

    Thanks – I have been reading this decision and I agree with your comments!

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