How difficult is it going to be to get late reconsiderations for PIP accepted?

The deadline will be one month.

That will depends on how the DWP apply UC, PIP, JSA & ESA (D&A) Regs 2013 - Reg 6 and any guidance in practice (and how that varies from office to office). You may not be suprised to hear that I anticipate there will be significant problems (at least for some benefits / offices).

Perhaps of even greater concern is how claimants / advisers will be able to confirm whether any review application (inc. late application) has actually been made and accepted by DWP - particularly for WCA and PIP given the likely volume and that DWP will attempt to telephone a client to ‘explain’ a decision and it will often be during that conversation that a claimant may ‘challenge’ a decision. Equally we all know how often written requests and appeals are ‘lost’ in the post by/at DWP.

I foresee hours of fun trying to confirm whether a revision was actually been made (or if it was if any action has been recorded or taken) Client - “Yes I did.” DWP - “No s/he didn’t”. There is no requirement for DWP to confirm in writing to a claimant that a revision request has been made.

Such issues did not arise when mandatory revision was previously required for AA/DLA/Mob. Allow. because an application for review was required in writing.

Clearly the best advice must be makethe application for review in writing & keep a copy!

Do the DWP record the conversations between the DM and client?

If so, it might be a good idea to request a copy of the conversation.

I’ve been presuming that if a reconsideration request is made after one month (but inside a year), and they don’t accept that you have good cause for the lateness, then you still get provided with a Mandatory Recon Notice which allows you to apply to tribunal and have your good cause and your appeal considered. Does anyone know different?

For the initial recon request, does anyone see any downsides to using a template form, such as the one attached?

Craven CAB welfare benefits - 14 June 2013 02:37 PM

I’ve been presuming that if a reconsideration request is made after one month (but inside a year), and they don’t accept that you have good cause for the lateness, then you still get provided with a Mandatory Recon Notice which allows you to apply to tribunal and have your good cause and your appeal considered. Does anyone know different?

There is no right of appeal against a refusal to extend the time limit for making an application for revision. Extending the time limit is at the discretion of SSWP and only open to judicial review.

The late revision provisions are different to those that apply to a late appeal. A decision on whether to admit a late appeal (if not admitted by the SSWP etc.) is made by a first-tier tribunal (an interlocutary decision of a tribunal judge) and is open to appeal to the Upper Tribunal.

That is why the deadline and confirmation that a revision request has been made will be so important under mandatory revision.

Another problem is that under regulation 6(7) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 a late application for revision which has been refused may not be renewed.  This is also the position in the current D&A Regulations.  The mandatory revision provisions only apply to SSA 1998 section 8 or 10 decisions, whether originally made or as revised under section 9, within one month of the SoS’s decision (an any ground revision).