Decisions are superseded if there has been a significant change in your circumstances since you first claimed or if the DWP has made a mistake in deciding your claim.

Grounds for supersession

A relevant change in your circumstances.

or

The decision on your claim was based on an error in law.

or

The decision on your claim was based in ignorance of any material fact.

or

The decision on your claim was based on a mistake about any material fact.

The process of supersession.

The Decision Makers' Guide states-

"Once it has been decided that there are grounds for supersession, the Decision Maker should;

Right of Appeal

You have a right to appeal if the DWP supersedes the decision.

You have no right of appeal if the DWP refuse to supersede the decision.

However, if the original decision was to refuse benefit and your condition has worsened since you claimed, you should make a new application.

If you feel that the decision is based on ignorance of a material fact or an error in law you should ask for a revision.

Backdating

For both Disability Living Allowance and Attendance Allowance, if you are applying for a higher rate or another component due to a change of circumstances, your new payments will be made from the date you complete the qualifying period (three months after you met the criteria in the case of DLA and six months in the case of Attendance Allowance).

When a test case is pending

The DWP may decide that your entitlement may be affected by a test case which is waiting for a court decision. They may choose to delay making a decision pending the result of the test case. If you are awarded more money as a result of the test case then the DWP will backdate your new payment to the date of the test case decision.

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