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Finally my PIP award!!
- Perdita
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1 year 11 months ago #277013 by Perdita
Replied by Perdita on topic Finally my PIP award!!
What is an out of time appeal please? I am currently doing an MR for my latest review, but my review back in 2019 was awarded too low. Partly because I think they failed to read some evidence, but also because of the Supreme Court ruling for social support with face to face engagement. I have been hoping that with the 2019 Supreme Court ruling and the dwp rechecking awards going back to 2019 for everyone, that they might have picked this up without my doing anything. Has anyone had revised past awards due to the Supreme Court ruling in 2019, or is it up to the claimant to 'prompt' them. (2 points for the dwp needing prompting lol)
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- Gary
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1 year 11 months ago #277045 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Finally my PIP award!!
Hi Perdita
An out of time appeal is an appeal outside the decision date, the absolute time limit is 13 months, after which you are too late to appeal.
"Any grounds" revision means that the claimant does not have to demonstrate that there is anything particularly wrong with the decision - they just want the DWP or local authority to take a more generous view about something. Examples could include:
~ Whether two people are a couple
~ Whether an item of capital was disposed of to obtain benefit
~ Whether a person has a genuine need for overnight care so as to qualify for an extra bedroom
As long as the decision is challenged with the time limit (one month initially, but extendable to a maximum of 13), a decision can be revised by DWP/the Council, or overturned by a Tribunal, simply by taking a fresh look at the facts and coming to a different judgement. It doesn't mean that anything was incorrect in the original decision.
"Any time" revision tends to apply if there was something wrong with the original decision and (in the case of revision in the claimant's favour) it wasn't the claimant's fault. These can be corrected at any time - there is no limit. Examples include:
~ An official error by DWP/Council meant the claimant was paid too little or too much - either way, it can be fixed at any time.
An error by the claimant meant the claimant was paid too much - it can be fixed at any time. But if the claimant was paid too little as a result of his/her own error, that can only be corrected if it comes to light within the "any grounds" time limits.
Something has happened with retrospective effect, rendering the original decision incorrect because the facts on which it was based have changed. The classic example is when someone gets an award of PIP in arrears - if it needed an appeal to get the PIP paid, the arrears might well go back longer than 13 months which would be too late for an "any grounds" revision.
There is a list of events that can be relied on for an "any time" revision - only the "grounds" specified in that list can be used to revise a decision outside the normal time limit. The rule of thumb is:
~ Any grounds - but within a limited time
~ Any time - but only on limited grounds.
Gary
An out of time appeal is an appeal outside the decision date, the absolute time limit is 13 months, after which you are too late to appeal.
"Any grounds" revision means that the claimant does not have to demonstrate that there is anything particularly wrong with the decision - they just want the DWP or local authority to take a more generous view about something. Examples could include:
~ Whether two people are a couple
~ Whether an item of capital was disposed of to obtain benefit
~ Whether a person has a genuine need for overnight care so as to qualify for an extra bedroom
As long as the decision is challenged with the time limit (one month initially, but extendable to a maximum of 13), a decision can be revised by DWP/the Council, or overturned by a Tribunal, simply by taking a fresh look at the facts and coming to a different judgement. It doesn't mean that anything was incorrect in the original decision.
"Any time" revision tends to apply if there was something wrong with the original decision and (in the case of revision in the claimant's favour) it wasn't the claimant's fault. These can be corrected at any time - there is no limit. Examples include:
~ An official error by DWP/Council meant the claimant was paid too little or too much - either way, it can be fixed at any time.
An error by the claimant meant the claimant was paid too much - it can be fixed at any time. But if the claimant was paid too little as a result of his/her own error, that can only be corrected if it comes to light within the "any grounds" time limits.
Something has happened with retrospective effect, rendering the original decision incorrect because the facts on which it was based have changed. The classic example is when someone gets an award of PIP in arrears - if it needed an appeal to get the PIP paid, the arrears might well go back longer than 13 months which would be too late for an "any grounds" revision.
There is a list of events that can be relied on for an "any time" revision - only the "grounds" specified in that list can be used to revise a decision outside the normal time limit. The rule of thumb is:
~ Any grounds - but within a limited time
~ Any time - but only on limited grounds.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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