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anytime revision of terminating decision dur to relevant benefit being re awarded
Customer was on HB based on earnings and PIP
We got an ATLAS advising PIP stopped - claim reassessed - now nil entitled - claim terminated as a result of nil entitlement. This happened in Oct 2019
Customer appealed PIP decision and won! - appeal decision dated 5 November 2020 awarded PIP as continuous.
We had ended interest on CIS so didn’t get an ATLAS to tell us
Customer advised us in June 2021 of the PIP award and asked us to reinstate her HB back to October 2019.
We refused saying ” as she wasn’t not getting HB at the time she won the appeal, the usual 1 month time limits apply and therefore as she didn’t tell us within a month of the pip being rewarded, we can’t consider re-instating her claim.
I thought that we could do an anytime revision on it because the PIP is a relevant benefit and the customer couldn’t advise us until the PIP appeal was heard. yes, she was late in telling us, but that isn’t really a problem given her circumstances/ health/welfare issues.
My thinking is that the terminating decision needs to be revised because it was based on an error by the DWP ( they ended her pip and they shouldn’t have) so therefore need to look at the terminating decision again - but does her being late late in telling us about the appeal decision mean we cant consider it?
Thanks in advance
You don’t even need to rely on official error, this has its own dedicated “any time” ground for revision in Reg 4(7C) here
Peter |Barker, you are a star!
Thank you so much