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Top Disability related benefits topic #1242

Subject: "Any time revision - grounds" First topic | Last topic
suewelsh
                              

Adviser, Citizens Advice Shropshire
Member since
27th Jan 2004

Any time revision - grounds
Thu 03-Feb-05 09:40 AM

If a decision is past the final cut-off point for an appeal, I understand it can still be challenged through an any time revision if there has been an error of law.

One definition of an error of law is that there is specific evidence which the DM had but failed to take into account.

Am I right in thinking this can potentially be used to challenge a sufficiently bad decision at ANY time after it was made?

If so ...

If a claimant asks for a revision of a decision which is (say) 3 years old and it comes back reaffirming the decision, do they then acquire new appeal rights?

Has anyone done this with DLA and do you have any thoughts on the level of poor decision making that might be worth challenging, tips, pitfalls, fireside stories ... etc?

Many thanks.

  

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Replies to this topic
RE: Any time revision - grounds, david fernie, 03rd Feb 2005, #1
RE: Any time revision - grounds, suewelsh, 03rd Feb 2005, #2

david fernie
                              

WRO, Appeals Section, Glasgow City Council
Member since
14th May 2004

RE: Any time revision - grounds
Thu 03-Feb-05 09:54 AM

Have a look at CDLA/1821/2003 and R(IS)15/04.

You can apply for an any time revision but if the DM takes a specific decision on official error then time limits for appealing are not extended.

Its best therefore if you make your revision request as vague as possible then if its refused the DM may not consider the issue of offical error and you have the right of appeal.

David

  

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suewelsh
                              

Adviser, Citizens Advice Shropshire
Member since
27th Jan 2004

RE: Any time revision - grounds
Thu 03-Feb-05 10:07 AM

Thank-you, David. I will read and digest!

  

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Top Disability related benefits topic #1242First topic | Last topic