Time limits

Cl asked for an MR at the very end of the 13 month extension period but PIPs have refused saying it was out of time.

The 13 months expired on 27/11/23 and we have a signature given to Royal Mail when they delivered the MR that shows that it arrived on that actual day.

Pips appear to be taking the view that it only reached them on 04/12/23. 

Leaving aside the obvious problems about it being so very close to the deadline surely the significant date is the date on which it was received by or on behalf of DWP and not the date on which (via some internal DWP process) it arrived with the decision maker. If this were the case it would arguably place an unfair burden on the claimant by making them responsible for guessing how long a DWP process might take?

Does anyone know of any definitive case law, Reg 4 of the D&A Regs 1999 just says’13months’ without specifying any further

For a PIP decision, it would be the 2013 regs rather than the 1999 regs. You’d start with reg 5:

5.—(1) Any decision of the Secretary of State under section 8 or 10 of the 1998 Act (“the original decision”) may be revised by the Secretary of State if—
[...](b)an application for a revision is received by the Secretary of State at an appropriate office within—
[...] (iv)such longer period as may be allowed under regulation 6 (late application for a revision).

What does it mean to be ‘received by the Secretary of State at an appropriate office? Well reg 2 tells us that:

“appropriate office” means—
[...] the office of the Department for Work and Pensions, or other place, the address of which is specified on the notification of the original decision referred to in regulation 5(1) [...]

And reg 3 for good measure:

3.—(1) Where, under any provision of these Regulations, any notice or other document is given or sent by post to the Secretary of State, it is to be treated as having been given or sent on the day on which it is received by the Secretary of State.

All of which leads us to the conclusion, probably a fairly obvious one, that we are looking at the date at which the letter arrived at the address which the DWP asked the client to send the letter to; rather than some arbitrary later date when it made its way through internal processes.

If your client sent the letter somewhere other than the address given on the decision letter for some reason then that may not apply because then he is relying on the letter being redirected within the DWP.

Thanks Elliott, much appreciated.