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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

PA4/ESA85 Request - does this extend MR deadline?

 

Julie HC
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Specialist Benefits Team, Stoke and North Staffs CAB

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Joined: 26 March 2019

I’m sure I have been informed by DWP that if someone requests a copy of the PA4/ESA85 assessors report post decision, the month deadline for a MR goes from the date of this request. I cannot find any reference to this anywhere so is this true or not?

     
Elliot Kent
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Technically, the answer is probably “no”. The deadline is only extended by a request for written reasons and the PA4 or ESA85 are not formally the reasons for the decision, as against the evidence used to inform the decision. See Reg 3(b) D&A Regs 1999 or 5(b) D&A Regs 2013. You could request both the reasons and the report at the same time and rely on the extension, I suppose.

But the practical answer is “who cares?”.  Waiting to see the documents is likely to be considered a “good reason” for the delay and even if it isn’t the consequences of an MR being late, but within the 13 months are minimal, because per R(CJ) and SG v SSWP (ESA) [2017] UKUT 324 (AAC), [2018] AACR 5, full appeal rights against the substantive decision are retained even if the MR is rejected as late.

     
Julie HC
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Specialist Benefits Team, Stoke and North Staffs CAB

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Total Posts: 2

Joined: 26 March 2019

ok thanks - that’s what I thought too