The News item has now been updated following research by me and a former moderator Crazydiamond, and discussions with a Senior Decision Maker. From CD:
I wasn’t aware of the situation that you have described if a DLA claimant is maliciously reported for suspected fraud and is subsequently compelled to claim PIP If the allegation proves to be false. I cannot see how this can possibly constitute a relevant change of circumstances because the facts will remain unchanged and therefore the original award cannot be superseded. The award of DLA would have to be superseded in favour of PIP and I have never come across a situation whereby a supersession is undertaken where the facts remain unchanged and a claimant is transferred to an alternative allowance only if they meet the conditions of entitlement.
Other views including mine at link above.
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Last edit: 11 years 5 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Added information after forum locked
