We requested an any grounds review of a DLA decision, but it's beginning to look as if the evidence which we'd hoped would persuade the department to change their decision will not now be forthcoming. Without it the department are unlikely to depart from the original decision.

To avoid unnecessary delay can we now lodge an appeal (even though it is now more than one month since the original decision was made) or do we have to wait for the any grounds review decision?

Simple answer is yes, simply lodge the appeal and if reconsideration refused will put it straight to appeal .

Are you sure? Is there any law or commr decisions on this? I stand to be corrected but I always thought that where a revision (no such thing as a "reconsideration" except in DWP land) is underway you had to wait for the decision on the revision request before lodging an appeal (within 1 calendar month of the revision decision). I think like most people I rarely bother with revisions anyway. Like I say I'm happy to be proved wrong on this. Thanks - Matthew

If the rules in respect of seeking revisions / making appeals are the same (in this respect) for HB/CTB, I'd agree that BOTH a request for revision and an appeal can be made.

When a decision is made (for HB/CTB), a person affected has the right to request a revision, or an appeal (& statement of reasons). I'm not aware of anything that prevents one from being done if the other is.

It may be of interest that one or two advice organisations use phrasing along the lines of "Please accept this as a formal request for a revision of <decision details + date etc>. Alternatively, if the decision is not revised, this letter is also a formal appeal against the decision". The grounds of appeal / request for revision are.....etc.

In my view, it's a sensible way to move forward. And, it can save extended exchanges of correspondence. Occasionally, a tactical advantage can be gained by only asking for a revision initially - the LA / DWP may inadvertently state something contradictory in the notification refusing revision.

Regards