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    Senior Member nukecad's Avatar
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    Jun 2014
    West Cumbria (Lake District)

    PIP Tribunal Awards - can't be changed?

    We have seen various posts recently, (about PIP covid extensions and about the PIP LEAP excercise), where the DWP say that they cannot change a PIP award that has been made by a tribunal.

    I've been doing some thinking about that; and they are saying it beacuse in many cases it works in the claimants favour.
    It's the usual problem of the DWP being poor at explaining things.

    It's about backpayments - and the DWP are actually on your side here.

    What they don't explain is that the law does allow them to change tribunal decisions; but there is an important consideration to bear in mind.

    The law allows the DWP to 'Supersede' a tribunal award - but they can't 'Revise' a tribunal award - and that is an important difference.

    A Revision applies from the date of the original decision. So backpayment must be made to that original date.

    A Supersession applies from the date that it is made. So importantly there is no backpayment.

    What that means in practice:

    There is no need to deny covid PIP extension to tribunal awards, they can be superseded if the DWP want to - because that doesn't involve any backpayments.

    But the LEAP excercise is all about backpayments and a 'Supersession' would not allow for backpayments.
    So the DWP are on your side to say that they can't change those original tribunal decisions by LEAP without it going back to court, if they superseded them then there would be no backpayment due.
    Last edited by nukecad; 07-05-21 at 09:20.
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