Pip appeal outside the 13 months

ohdrar

Hello All, 

I have been on before helping a friend with her disability benefits and thank you to all who helped on the ESA thread. 

She had a PIP MR decision that is about 15 months old and didn't appeal as wasn't well enough to organise it.

I have been looking in to the options for her and have come across this bit of advice - https://www.rightsnet.org.uk/forums/viewthread/15413/#72939

I have read her MR and it does indeed only say she had 1 month to appeal, it does not  mention the 13 month limit

Does anyone on here have any experience of making an appeal outside of the 13 month limit at all or can advise on the link or any other methods that might be suitable?

Thank you in advice

Alice_Holt

https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/
There is such a thing as an "Any Time Revision", but that generally applies to official error not a DWP DM's judgement of a potential PIP award.
You could try Martin's approach that the DWP paperwork didn't advice the absolute 13 months rule, and try a any time revision on that basis.  But it would be very speculative, and I don't think (as far as I know) there is precedent in UT case law.

Best option IMO would be to apply again asap.

ohdrar

Hi Alice Holt

Thank you very much. She could start another PIP today and any appeal then would run up to yesterday would be my understanding. 

How does an anytime revision work? Indeed the paperwork does not say on the MR notice anything about 13 months. 

Would she have to put it to the DWP that their paperwork was wrong in its advice? I presume they would disagree then she could MR that decision and then tribunal that decision? Then the tribunal may accept an appeal very late and then she could appeal the PIP MR itself?

poppy12345

Details of anytime revision here. https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/changing-a-benefit-decision-by-revision-and-supersession/changing-a-dwp-benefit-decision-by-revision/

ohdrar

Dear Poppy 

thank you I have read that link. Would it be a letter that just says. 

'I request an anytime revision on the MR because you did not tell me on the paperwork I had 13 months to appeal the MR'?

Thank you

poppy12345

You can try but i agree with Alice, best thing to do is to re-apply ASAP.

calcotti

I think the reason 13 months is not mentioned is because the legal requirement is for an appeal to be made within one month but the tribunal has a discretionary power to accept a late appeal for up to 12 months. Advising you of the one month appeal limit is therefore legally correct. 

I cannot see there being grounds for an anytime revision on this basis.

https://www.gov.uk/appeal-benefit-decision

Appeal to the tribunal within one month of getting your mandatory reconsideration decision. If you start your appeal after a month you’ll have to explain why you did not do it earlier. Your appeal might not be accepted.

Spoonie_Turtle

ohdrar said:

Thank you very much. She could start another PIP today and any appeal then would run up to yesterday would be my understanding. 

This is my understanding too.  So applying again would be a good idea, that way if she does pursue and appeal which ends up taking months and still fails, she'll have lost a lot less than if she didn't have a new claim open.  And if an appeal succeeds, then she's certainly not lost anything by having a new claim anyway.

ohdrar

Thank you all and I agree with all as said new application on Monday. 

But, is there anything more anyone can suggest that could be done with the existing claim?

My own research took me to the right net thread - https://www.rightsnet.org.uk/forums/viewthread/15413/#72939

Looking at the last post maybe? But if theres anything to be done with the existing claims then I still think it is worth pursing. 
I'm not sure now if this Anytime Revision will do anything polly and calcotti?
Thank you spoon turtle I do agree r/e new applcation

Alice_Holt

ohdrar said:

But if theres anything to be done with the existing claims then I still think it is worth pursing. 
I'm not sure now if this Anytime Revision will do anything polly and calcotti?
Thank you spoon turtle I do agree r/e new applcation

     Your friend is past the 13 month limit to appeal the MR to tribunal. An appeal now will be rejected by HMCTS.
    
    So, the only potential option may be an any time revision on the basis that Martin postulates. However it is very speculative, and I'm not aware of a successful precedent. I would estimate that the chances of getting somewhere with such a challenge to the DWP to be very, very, very slim.  

   Order a PIP form on Monday, research how PIP works, get as much supporting evidence as possible, and write as compelling a form as possible. Get help if possible. 
 There are plenty of online resources to help you:
  https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/fill-in-form/
  https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/918329/pip-assessment-guide-part-2-assessment-criteria.pdf
https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system
https://www.rethink.org/advice-and-information/rights-restrictions/money-benefits-and-employment/personal-independence-payment-pip/
Etc, etc

      

ohdrar

Hi Alice

Thank you for the links, I'm aware those and she is using Cab and facebook group