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Guidance has been issued by the DWP with some details on how mandatory revision and the appeal after will work.  A client has one month after the decision to request a mandatory revision(or up to 13 months is reasons  special reasons are given).  The advice states,  if late,   the revision can still go ahead if- ‘…. the person is able to  explain why their application for a revision is late and is reasonable. Applicants are not expected to show  unexpected or exceptional circumstances.’ 

The problem here is that if a decision maker does not accept the reasons for lateness then no  further challenge is allowed.  The only option would be judicial review in the High Court which is often too costly.  Therefore the one month deadline may be crucial.

Usefully the guidance also states that a request for an appeal can be treated as a request for a mandatory revision.

A client can challenge the outcome of a mandatory revision but will need to apply directly to Her Majesty’s Courts and Tribunals Service (HMCTS) with a copy of the decision refusing a mandatory revision.

See our new Benefits Updater 2014 course which also includes how to challenge benefit sanctions and news of the claimant commitment being introduced now.

 

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