Late requests for Recons

I have a client who is asking for a mandatory recon but is well outside the normal 28 days but well within the 13 months. They have quite significant LD so it is quite likely that a Tribunal would accept that there are good reasons for the lateness. CE/766/2016 said that if DWP refuses to do the recon because it was late then the reasons for lateness and the substance of the case (not entitled to PIPS) could both be dealt with by a FTT.

I haven’t seen anything to indicate that CE/766/2016 isn’t valid any longer but I was out of the loop for a few weeks around the end of November and some of December so I thought I should check that this case can still be used.

Any info gratefully received!

Thanks

yes all good Pete - if DWP refuse late MR they have full appeal rights :)

Hi Pete,

CE/766/2016 remains good law, however it doesn’t operate as you describe.

If the DWP refuse to revise the decision because the request is late, you immediately have a full right of appeal to the Tribunal. The Tribunal will not need to consider whether the reason for lateness was good or not.

E.g. X is refused PIP on 1 March 2017 and puts in an MR today on the basis that he had bad flu for the month of November, the DM could refuse to deal with the MR due to lateness without good reason, but X would still be able to appeal to the Tribunal on the issue of whether PIP should have been awarded without needing to explain the lateness at all

DWP guidance: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/649907/adm21-17.pdf

thanks both!

Pete.