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Challenging a pip decision after number of years
- Twinkle
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3 years 10 months ago #260201 by Twinkle
Challenging a pip decision after number of years was created by Twinkle
HI,
I was wondering is it possible to challenge a Pip decision that was made a number of years ago? The claimant was in receipt of DlA and whilst being transferred over to pip not enough points were awarded to receive either care or mobility component. As far as I am ware no review of decision was requested or tribunal either. So, I am wondering is it too late now, or is it possible to still challenge this... and if so how does claimant go about this process. The claimant is now 68 and over the age limit to re apply for pip.
I was wondering is it possible to challenge a Pip decision that was made a number of years ago? The claimant was in receipt of DlA and whilst being transferred over to pip not enough points were awarded to receive either care or mobility component. As far as I am ware no review of decision was requested or tribunal either. So, I am wondering is it too late now, or is it possible to still challenge this... and if so how does claimant go about this process. The claimant is now 68 and over the age limit to re apply for pip.
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- BIS
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3 years 10 months ago #260202 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Challenging a pip decision after number of years
Hi Twinkle Toes
Unfortunately claimants, only have 13 months to challenge a decision and as you have used the term "a number of years ago", I am assuming the person's claim falls outside of those parameters.
BIS
Unfortunately claimants, only have 13 months to challenge a decision and as you have used the term "a number of years ago", I am assuming the person's claim falls outside of those parameters.
BIS
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- Twinkle
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3 years 10 months ago #260210 by Twinkle
Replied by Twinkle on topic Challenging a pip decision after number of years
yes i did read the 13 months time frame. However, I did read somewhere that there was no time limit in certain circumstances, unfortunately i can't find that info again, hence my question.
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- Catherine
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3 years 10 months ago #260214 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic Challenging a pip decision after number of years
Hello Twinkle Toes,
You are probably thinking about times when there has been additional guidance in how the law should be interpreted, for example in the LEAP reviews you may have heard of.
Unfortunately simply not following the process, however good the reason, does not fall into the same category. Your freind is of course still entitled to apply for Attendance Allowance.
Catherine
You are probably thinking about times when there has been additional guidance in how the law should be interpreted, for example in the LEAP reviews you may have heard of.
Unfortunately simply not following the process, however good the reason, does not fall into the same category. Your freind is of course still entitled to apply for Attendance Allowance.
Catherine
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- Gary
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3 years 10 months ago #260241 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Challenging a pip decision after number of years
Hi Twinkle Toes
In November 2018 the UT decided that there was a right of appeal beyond 13 months where the claimant alleges an official error in the original decision. CSDLA/375/2016 & CSJSA/513/2016
But as BIS has stated unless there is an official error then after 13 months you will not be able to challenge a decision.
Gary
In November 2018 the UT decided that there was a right of appeal beyond 13 months where the claimant alleges an official error in the original decision. CSDLA/375/2016 & CSJSA/513/2016
But as BIS has stated unless there is an official error then after 13 months you will not be able to challenge a decision.
Gary
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