UC or IS revision?

Pleased to report that DWP is not appealing my case to UT!  Client received IS application form this morning - he’s delighted and I am relieved.

that is brilliant - well done!

Hi, I have just successfully appealed a decision not to revise a decision to reinstate IS following the reinstatement of PIP on mandatory reconsideration. DWP’s stance was that the decision to end IS was correct at the time, and the PIP revision was a change of circumstance under Reg 3 (9) (a) - judge agreed with me that the restoration of the PIP was not a relevant change of circumstance but a revision that took effect from the original date of decision, and that IS should be revised. I used Judge Jacobs argument in R (DLA) 2/01 and CH/3935/2007 in the submission. Will wait to hear whether DWP request a SOR but thank you to everyone who contributed to this thread, it has been invaluable

Readers of this thread will want to see the UT decision in MW v SSWP (IS) [2022] UKUT 59 (AAC) published today

https://www.gov.uk/administrative-appeals-tribunal-decisions/mw-v-secretary-of-state-for-work-and-pensions-is-2022-ukut-59-aac

The UT rejects the DWP argument that an award of PIP following revision or appeal is a circumstance not obtaining at the date of the decision for the purposes of reg 3(9) D&A or - more pertinently - s12(8) SSA.

Therefore you can seek revision of a decision to stop IS following DLA/PIP cessation where that decision is subsequently overturned provided that you are within ‘any ground’ revision time limits (as per the Rightsnet hivemind…).

Thanks Elliot. Looks like this was Dizzymare’s case from earlier in the thread.

it is indeed mine! cant wait to tell the lady in question.  I haven’t received my post so this is the first I knew of the outcome :) thank you to everyone who provided assistance through this thread!

Excellent work & a good outcome. Glad the thread has been helpful and hopefully this should now be the issue settled.

(I did a case once at the Lands Chamber of the UT where I found out the result via a Twitter notification. I remember going “hang on - isn’t that my case?” - the official decision notice didn’t turn up for another week or so.)

dizzymare - 21 March 2022 11:10 AM

it is indeed mine! cant wait to tell the lady in question.  I haven’t received my post so this is the first I knew of the outcome :) thank you to everyone who provided assistance through this thread!

Well done dizzymare!  I noticed this decision on Rightsnet yesterday and it is so similar to my case, that I have forwarded a request to the Upper Tribunal to consider it when looking at my client’s case (currently awaiting a decision).

Bolton Adviser - 23 March 2022 06:00 PM

dizzymare - 21 March 2022 11:10 AM

it is indeed mine! cant wait to tell the lady in question.  I haven’t received my post so this is the first I knew of the outcome :) thank you to everyone who provided assistance through this thread!

Well done dizzymare!  I noticed this decision on Rightsnet yesterday and it is so similar to my case, that I have forwarded a request to the Upper Tribunal to consider it when looking at my client’s case (currently awaiting a decision).

Thank you. I couldnt have done it without this thread - it really did help. Hope you get a good outcome too. Look forward to seeing your update here :)

I’ve an update on my client’s UT appeal.  I’ve received a Judge’s direction.  My client’s appeal has been stayed, pending the outcome of a similar appeal which is awaiting supplementary submissions from the SoS representative. The DWP has been asked to respond to the argument that MW v SSWP(IS) [2022]UKUT 59 (AAC) should be followed.

Although this is going to delay things, I hope this will provide a positive outcome for other claimants who have similar decisions.

I’ve uploaded a copy of the Direction notice.