Absolute time limit to appeal?

Quick question
i know that there is an absolute limit to initially challenge a decision, and after 13 months its game over regarding requesting a mandatory reconsideration.

If an MR has been issues there is a 1 month deadline to send sscs1, however tribunal can extend that 1 month with good cause

ive got a complicated overpayment case. Client asked for MR. MR -ve and sscs1 sent july 2019
client then prosecuted , and 2 months ago got found not guilty by magistrates
DWP also suspended recovery, so we assumed appeal was in system
client was shocked to find DWP started to recover, despite being found not guilty
it appears SSCS1 not received 2 years ago, so no appeal lodged,  and as client was getting letters from courts he thought his appeal was in, however the court letters were from magistrate court, not HMCTS. as a layman he didnt understand process.
HMCTS tell me that they cant allow appeal as there is a 13 month limit?
is this right?
Ive got a good argument (i wont go into details here), but if there is an absolute 13 month deadline then i may be on a wild goose chase

thoughts?

There is a 13 month absolute time limit from the date of the MRN to appeal. However despite that being an absolute time limit, there is an exceptional jurisdiction to extend the time limit further in extremely unusual cases. See KK v Sheffield CC (HB) [2015] UKUT 367 (AAC). It is worth noting that it is for a Judge rather than a HMCTS clerk to decide whether to admit the appeal.

That assumes that your client’s appeal has not in fact been received. If it could be established that the appeal was received in time and had just not been progressed due to some administrative error, the appeal would still need to be dealt with despite the delay.

Also, it may be possible to re-open the decision on any-time revision grounds - for example if someone has emerged within the process of the prosecution which demonstrates that the decision involved official error. That could serve to generate fresh appeal rights.

I rely on that third para approach to open up the alleged recoverability of legacy benefits on a fairly regular basis.

benefitsadviser - 23 September 2021 09:45 AM

Quick question
i know that there is an absolute limit to initially challenge a decision, and after 13 months its game over regarding requesting a mandatory reconsideration.

If an MR has been issues there is a 1 month deadline to send sscs1, however tribunal can extend that 1 month with good cause

ive got a complicated overpayment case. Client asked for MR. MR -ve and sscs1 sent july 2019
client then prosecuted , and 2 months ago got found not guilty by magistrates
DWP also suspended recovery, so we assumed appeal was in system
client was shocked to find DWP started to recover, despite being found not guilty
it appears SSCS1 not received 2 years ago, so no appeal lodged,  and as client was getting letters from courts he thought his appeal was in, however the court letters were from magistrate court, not HMCTS. as a layman he didnt understand process.
HMCTS tell me that they cant allow appeal as there is a 13 month limit?
is this right?
Ive got a good argument (i wont go into details here), but if there is an absolute 13 month deadline then i may be on a wild goose chase

thoughts?

There is a distinction between being found not guilty of a deliberate fraud and being overpaid a benefit because of an error so the fact that the claimant was acquitted may not have much bearing on either the overpayment or the DWP right to recover the money?