Hello, does anyone have any advice about a case where someone has not only missed the one month deadline for requesting LTA against a tribunal decision but also the 13 month absolute time limit has also expired. Client lost mobility component of DLA at a tribunal in April 02 but did not realise this until Dec 03 as DLA kept paying in error!

He did not attend the tribunal, he did receive the decision notice but did not understand its implications (as he continued to be paid). DLA say they sent full written reasons but he does not recall receiving them.

This is a man who had high rate mob from the age of 62 onwards, and applied for the care component. When refused care, appealed, but was unaware of the risk to current award - lost everything at tribunal without representation or assistance. Now over 65 so cant requalify for mob, can only claim AA.

I have asked for copy of full decision - but not sure if this will do us any good at such a late stage - can I argue the time limit does not run as full reasons not yet received (??) I dont know any of the rules or time limits for Judicial Review - is there any way this can be used in these circs?

Thanks, Sarah.

Reg 5 (2) of the Social Security Commissioners (Procedure) Regulations 1999 states:

"(2) A Commissioner may -
(a) extend or abridge any time limit under these regulations (including, subject to regulations 9(3) and 13(2), granting an extension where the time limit has expired)"

Neither 9(3) or 13(2) specifically restricts your situation as far as I can tell. The stumbling block is reg 9(1) which requires you to have applied for LTA to the chairman first and a chairman does not have the ability to extend time limits. However reg 27 allows a Commissioner quite a lot of largesse on waiving irregularities.

However I fear that you are rather up a gum tree here, and that any application to the chairman or Commissioner should be backed up by a formal complaint to Warbreck House and a request for extra-statutory payments of DLA instead after a formal review procedure, given that they continued to pay so made a mistake. They can pay DLA like that 'forever' if needs be (see paragraph 7 of schedule 9 of the IS General Regs).

Thanks Andrew I will try request for ex gratia payments in conjunction.

Depending on the facts and background of your client's case, another alternative may be to request that the DWP actually supersede the decision under reg 6(2)( c) DMA Regs i.e. on the basis it was made in ignorance of, or was based on a mistake to, some material fact.

However, you are likely to need some pretty strong and unambiguous medical evidence relating back to the client's circumstances around the time of the original decision, and even if successful, arrears would only be payable from the date of any such supersession request.

Thanks Ken - I'm trying a 2-pronged attack. Difficulty is proving that a decision was made in ignorance or error when there are no surviving documents relating to the decision - DWP state they have destroyed under Data Protection Act, TAS have also destroyed.
Is anyone challenging DWP on their policy of destroying files after such short periods (eg less than 2 years)?