Supersession of WCA decision

I have a cl. on UC who has an illness which has got worse recently. They are currently in the LCW group but it looks as if they should now be in the LCWRA group instead. They told UC they had got worse and asked that send out a new UC 50 and so forth so that a supersession can be considered.

This was the reply;

“In order for you to be assessed again you need to report a change of circumstances, to tell us about your new health condition. At the moment the only health condition you have declared on the system is for xxxxxxx, the second condition you have declared is a request to be re-assessed, which is not a health condition. You will need to go into the system to tell it that you no longer have a health condition, and then re-declare your health conditions. This should then trigger another assessment, however you will need to provide fit notes from your GP with those health conditions listed.”

I am rather concerned about ‘tell us that you no longer have a health condition’ as this is the exact opposite of what has actually happened and seems to remove even the LCW (because a claimant can’t be treated as as having LCW whilst the cl is waiting for an assessment)

I think that this is not actually legal, s.9 of the SSA 1998 just says that Sec of State can reassess when they get information or a request that indicates that a reassessment is needed.

Is this common practice and am I correct in thinking it is both risky and potentially unlawful

 
http://dlvr.it/SRJ07M

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