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LEAP help

Gail Knight
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Welfare rights - Halton Council

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I have a case which I feel should be looked at under the leap exercise but the DWP are refusing to do it as this case was subject to an appeal and the DWP say the tribunal should have looked at it.

The problem I find with this is that the period in question where MH should have applied 28/11/2016 - 27/8/ 2018 was part of an award made from March 2016 - August 2018 decided by a tribunal in 2016 prior to the UT decision of MH becoming law so never would have been considered.

A subsequent award of benefit from August 2018 - august 2023 was subject to an appeal in 2018 and MH was considered at this appeal hearing and was applied but they could not consider the previous claim as this would have been outside the jurisdiction of the decision under appeal.

Am I right in my thinking that the first period is being missed and the DWP should look at it or am I right off track here and it does need to go back to HMCTS.

Elliot Kent
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The DWP are not allowed, for fairly obvious reasons, to revise FtT decisions or to supersede them for error of law. So it has no power to do anything about the first FtT decision, even if it were demonstrably non-compliant with the reasoning from MH.

You would have to persuade the FtT to entertain an application for permission to appeal five years after the fact and without an SOR which may be something of an ask.

Gail Knight
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Welfare rights - Halton Council

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Thanks Elliot

What a nightmare

I would think that there are many cases that will be missing out under MH then unless the DWP are going to identify every case that was subject to a appeal during the time scales
The leap exercise falls short for claimants who had an appeal prior to the decision of MH but falls into the time scales from the effective date of MH

Elliot Kent
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Gail Knight - 29 November 2021 04:03 PM

The leap exercise falls short for claimants who had an appeal prior to the decision of MH but falls into the time scales from the effective date of MH

Well if it makes you feel any better, it seems to fall short for everyone else too given that less than 1% of reviewed cases are resulting in an increased award.

https://www.gov.uk/government/publications/pip-administrative-exercise-progress-on-cases-cleared-at-17-january-2021/pip-administrative-exercise-progress-on-cases-cleared-at-17-january-2021