REVISION/SUPERSESSION

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  • #31738
    clamar
    Participant

    I’m getting a bit bogged down in the technicalities of revision and supersession. Could I beg some assistance please? An original decison to award HB is made in February (decision 1). That decision is properly revised in March for ignorance of a material fact (an element of income) – the effect is to remove all HB entitlement and create an overpayment (decision 2). In May, it is discovered – again, there was ignorance of a material fact relating to income – that there was entitlement for one week commencing on the day the revising decision was made. Is decision 3 a supersession of decision 2 or a revision of decision 1 or 2? I’ve succeeded in confusing myself.

    #88788
    Anonymous
    Guest

    Whatever it is called, I don’t think you can award any additional benefit through decision 3 since you can’t supersede a nil entitlement decision. If this is underlying entitlement for the overpayment created by decision 2 I would call it a revision of the overpayment decision as it is not an actual award of benefit.

    #88789
    clamar
    Participant

    Ah! Well, the LA has awarded HB for that week and it isn’t U/E. The dates might clarify things: HB originally awarded from 8th February (decision 1); all entitlement removed – o/p up to 22nd February (paid-to date) (decision 2); HB awarded for 15th-22nd March (decision 3). The thing is, there’s an appeal against non-entitlement and I need to put decision 3 in some sort of legal framework. Maybe it’s simply a new entitlement decision which isn’t in issue so far as the appeal is concerned?

    #88790
    Anonymous
    Guest

    [quote:80fb60be54] I need to put decision 3 in some sort of legal framework. [/quote:80fb60be54]
    I would call it a mistake. Unless you have something that can be accepted as a claim in respect of that period you should probably just write it off. At least its only a week…

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