Anytime revisions ???

Apologies if this has been covered before.

Client placed in WRAG April 2013 by tribunal, Conts ran out April 2014

Client has been ringing DWP wanting to be placed into SG for “a while” and she chased it up today to be told that no challenge is on record and there is no appeal.

She has had HRM DLA for 20 years due to spondylosis/arthritis so perhaps moving around descriptor should have been considered??

Ive told her that we need to prove that she met support group criteria before her CBESA ran out, and as this happened 6 months ago it may be tricky.

As weve clearly missed the 13 month deadline to challenge original decision (which was decided by tribunal anyway) is there anything to stop us requesting the decision to be looked at again if it can be proven (for example) that her health deteriorated last December, before her conts ran out?
Would this be an “Anytime revision”, and can the DWP refuse to consider this retrospectively?

Thanks, in advance

Original decision was made by FTT so cannot be revised under “anytime” revision. If there has been a change in circumstances, and the change occurred in December 2013, you can apply for a “late” supersession or, if she received notification that her ESA was to stop, you can seek “anytime revision” of THAT decision.

Yes, the DWP can refuse the “anytime revision” of that last decision and that would mean no right of appeal

As I understand it, the attraction of a supersession request would be that, even if grounds for lateness not accepted, if now found to meet support group criteria, payment of conts based ESA would recommence from the date of the application for supersession

I thought the contributions would have expired after 365 days, so therefore payment wont kick in again unless new contribution conditions met if placed in SG afterwards?

I know if we can get back in our Tardises and get the Department to supersede due to a change of condition BEFORE the 365 days then it is backdated and continues to be paid though.

Its been a long week and its only tuesday…..................

Sorry, just off to a meeting, but if I have understood your question, I think this decision helps establish that it is perfectly reasonable to request supersession at the end of 365 days to be placed into support group.

CE/2390/2013 — Whether there is right of appeal against termination of ESA award after 365 days / whether the tribunal can consider limited capability for work-related activity if decision maker has not

Paul_Treloar_CPAG - 04 November 2014 02:56 PM

Sorry, just off to a meeting, but if I have understood your question, I think this decision helps establish that it is perfectly reasonable to request supersession at the end of 365 days to be placed into support group.

CE/2390/2013 — Whether there is right of appeal against termination of ESA award after 365 days / whether the tribunal can consider limited capability for work-related activity if decision maker has not

Yes, there are three other decisions on this point all of them saying yes.  At original hearing I produced one and the judge produce another.  I’ve got a directions hearing on this with a case next week.  Directions hrearing to give the DWP a chance to outline its position as they’ve made a procedural mess of the thing.

There was something on Rightsnet recently about whether a DM should consider entitlement to support group when someone’s award of cESA expires due to time limiting. The guidance says yes, he should.

Perhaps someone can dig that out.

I think this is the one you’re referring to -

http://www.rightsnet.org.uk/news/story/appeals-against-decisions-to-end-contributory-esa-after-365-days