revison due to award of a quaslifying benefit?
I’ve got into a complete brain muddle with this one – hope someone can point me the right direction.
The client was receiving IS as his mother’s carer.
His IS and carers allowance award were stopped in February after she unsuccessfully claimed PIP and her DLA ended.
He did not make a UC claim in the hope that his mum would successfully challenge her PIP refusal.
In July his mum’s PIP appeal was successful.
His carer’s allowance was then reinstated from the date it stopped
He submitted a later MR request to have his IS reinstated.
The Decision Maker’s grounds for refusing to reinstate his IS were that it the decision was “correct at the time it was made” – that he did not satisfy the IS eligibility conditions as a carer as his mother was not in receipt of either DLA or PIP.
As a result, the Decision Maker maintained that his income support claim was correctly closed and cannot be reinstated from the date his mother has since been awarded PIP.
He has now appealed the IS MR decision.
I thought that he could argue that his IS should be reinstated on the grounds a revision should be done on award of a qualifying benefit grounds – Reg 3(7) of the D&A Regs) – his mum being awarded PIP.
Now I’m not so sure.
If his situation doesn’t meet the qualifying benefit award revision grounds, what grounds for revision of the IS decision would apply?
As you are within the time limit for extending an “any grounds” revision request under regs 3(1) and 4 of the D&A Regs, I would focus on that avenue. The DM’s stance ignores the fact that the appeal decision replaces the original DWP PIP decision and makes it what it should have been at the time. Very fortunate that the appeal was sorted out so quickly - here it is taking about a year and the one case I have ongoing at present has gone over the maximum period allowed under reg 4.
Thanks for posting and I really appreciate you pointing me in the right direction.
I can see clearly now the qualifying benefit revision ground has gone.