Chapter A3: RevisionContents
Revising decisions and handling appeals
|A3010:||Which decisions can be revised|
|A3013:||When should the DM consider revision|
|A3014:||Mandatory reconsideration before an appeal can be made|
|A3019:||Reporting changes during the application period|
|A3025:||Revision and supersession|
|A3026:||What if an application for revision is not accepted / admitted|
|A3030:||How are applications for revision made|
|A3033:||Who reconsiders decisions|
|A3034:||How are decisions revised|
|A3038:||Burden of proof|
|A3039:||Consideration of previous law|
|A3040:||Can revision apply to abolished benefits|
|A3041:||Correction of accidental errors|
|A3042:||What is an accidental error|
|A3043:||How are accidental errors corrected|
Time limits for revision
|A3049:||What is the application period|
|A3058:||Revision instigated by the DM|
|A3060:||Challenging a revised decision|
Revising decisions during the application period
|A3065:||When should a decision be revised|
|A3067:||What if more information is needed|
Vol 1 Amendment 34 June 2010
Which decisions cannot be revised
|A3072:||PIP and ESA - Special rules for the terminally ill|
|A3074:||What happens when a decision is not revised|
|A3080:||Revision where an appeal is pending before a court in another case|
Issues for decision by HM Revenue and Customs
|A3083:||When to refer to HM Revenue and Customs|
|A3086:||Action when HM Revenue and Customs decision received|
|A3091:||Late award of contributions and credits|
Revising decisions at any time
|A3093:||Revision while appeal is going on|
|A3096:||When should a decision not be revised|
|A3098:||Revision for official error|
|A3100:||Meaning of official error|
|A3104:||Revision for error of fact|
|A3109:||Revision following appeal against an earlier decision|
|A3111:||Revising decisions on JSA|
|A3112:||Revision decisions on PIP|
|A3115:||Revising decisions on UC|
|A3117:||Revision of sanction decisions|
|A3118:||Revising decisions on sanctionable benefits (loss of benefit provisions|
|A3119:||Revising decisions on linked benefits|
|A3121:||Revising decisions and determinations with no appeal rights|
|A3123:||Decisions given without authority|
|A3125:||Revision of advance awards|
|A3127:||Effective date of a revised decision|
Chapter A3: RevisionRevising decisions and handling appeals
A3001 IntroductionThis chapter is about revising decisions and handling appeals for
3. new style JSA (hereafter referred to as JSA)
4. new style ESA (hereafter referred to as ESA).
1: ADM Chapter M1 contains guidance on the meaning of new style JSA and
new style ESA.
2: Guidance on revision and handling appeals for benefits not listed above is
in DMG Chapter 03.
3: The guidance comes into effect (1) from 8.4.13 for PIP and from 29.4.13 for
UC, JSA and ESA. DMs should note that mandatory reconsideration is being
introduced from 8.4.13 for PIP, 29.4.13 for UC and 28.10.13 for JSA and ESA.
1 UC, PIP, JSA & ESA (D&A) Regs, reg 1(2) & 1(3)
A3002The revision process allows the DM to re-examine the facts of the case, take any
further evidence into consideration, the law used and other issues such as how
discretion was applied when making a decision. Revising a decision can avoid the
need for cases to proceed to the FtT.
A3003Where a decision is challenged, the DM reconsiders it, and revises the decision if it
is appropriate to do so. Where it cannot be revised, supersession may be
appropriate. The DM should always consider revision first.
A3004The revision process applies to
1. UC, PIP, JSA and ESA
2. decisions on credits
A3005Where a claimant or other eligible person wants to challenge a decision, they should
be encouraged to contact DWP to discuss the decision or ask for an explanation. If
they want to challenge the decision formally they must apply for a revision so that
the DM reconsiders the decision. This is known as mandatory reconsideration - see A3014. It is only after this has been considered that the claimant can exercise their
right of appeal. An appeal made directly to DWP before a mandatory
reconsideration has been requested will be treated by the DM as a request for
mandatory reconsideration. Reconsideration is the process by which
1. an application for revision of a decision is considered or
2. a decision is looked at again following an appeal application.
The process includes making a record that a reconsideration has been carried out
and what the result is.
Note: When a claimant or other eligible person wishes to appeal a decision, notice
of the appeal will be sent directly to HMCTS rather than DWP. If an appeal is lodged
with HMCTS which has not been subject to the mandatory reconsideration process
then it will be treated as invalid and the claimant will be advised to request
A3006At the end of the mandatory reconsideration process the DM
1. revises favourably and issues a new outcome decision or
2. revises unfavourably and issues a new outcome decision or
3. refuses to revise, i.e. makes a decision not to revise (this is not an outcome
A decision not to revise is not appealable, but its effect may be to renew the appeal
rights arising from the original decision (see A3074).
Note: There is no limit to the number of times that a decision (including a
supersession decision) can be revised.
A claim for PIP is disallowed. The claimant asks for a reconsideration and supplies
further evidence. The DM determines that although the claimant's ability to carry out
mobility and daily living activities are more limited than originally determined the
limitations are not sufficient to enable an award of PIP to be made. The DM decides
not to revise the original decision.
A3007A decision cannot be revised where claimants report a change of circumstances
after the decision was made. The claim or supersession rules apply instead (see A3019 et seq).
A3008There is no limit to the number of times a claimant can apply for a decision to be
revised. The timing of the further application may affect the reconsideration process.
For example, if the further application is made outside the application period, only
the limited revision provisions apply (see A3092).
1. an application was made within the application period and
the DM has not revised the original decision and
3. a further application is made outside the application period and
4. the DM finds no grounds to revise the original decision and
5. the extended time limit for an appeal (see ADM Chapter A5) has not expired
the claimant should be reminded about the right of appeal against the original
decision when the refusal to revise is notified.
A3010 Which decisions can be revisedThe revision process applies to all the decisions of the Secretary of State that can
be superseded or appealed. A list of the decisions that can be appealed (1) is at
Annex D. A list of decisions and determinations that are not appealable (2) is at Annex
1 SS Act 98, s 12(1) & Sch 3; UC, PIP, JSA & ESA (D&A) Regs, reg 50 & Sch 2;
2 SS Act 98, Sch 2; UC, PIP, JSA & ESA (D&A) Regs, Sch 3
A3011Decisions of the FtT and UT cannot be revised. For guidance on superseding
decisions of the FtT and UT see ADM Chapter A4.
A3012DMs can also make corrections to accidental errors in decisions of the Secretary of
State. Further details are at A3041 et seq.
A3013 When should the DM consider revisionThe DM should reconsider a decision when a claimant challenges it by applying for
revision for example by asking for it to be looked at again. This should not be
confused with the occasions when a claimant is looking for clarification of a decision
by asking for more information. Where a claimant has asked for, and been given, an
explanation of a decision, the DM should ensure that the claimant is satisfied with
the explanation and is not challenging it.
A3014 Mandatory reconsideration before an appeal can be made « A3005A person has a right of appeal in relation to a decision only (1) if the DM has
considered, on application, whether the decision should be revised. The claimant
must be given a notice that informs them (2)
1. of the decision, whether as originally made or as revised and
2. of the time limit for making an application for revision and
3. that where the notice does not include a statement of reasons for the
decision, the person may, within one month of the date of notification of the
decision, request that a written statement is provided for the reasons for the
4. that there is a right of appeal against the decision but this can be exercised
only if the Secretary of State has considered an application for revision.
The mandatory reconsideration process is being introduced in April 2013 for
UC and PIP and October 2013 for ESA and JSA.
1 UC, PIP, JSA & ESA (D&A) Regs, reg 7(2); 2 reg 7(1) & 7(3)
A3015Where a claimant makes a late application for revision and the reasons for lateness
are not accepted by the DM, the claimant has no right of appeal to the FtT in
relation to the original decision. In these cases follow guidance at A3026 - A3029. A
claimant will only be able to challenge the decision of the DM not to extend the time
limit by means of a JR. There is no right of appeal to the FtT. See A3046 for
guidance on the time limits for making an application.
A3016The normal time limit for applying for a reconsideration can be extended if certain
conditions are met (see A3050) which includes satisfying the "tests" of
"reasonableness" and "special circumstances". These tests are not defined in
legislation but should be interpreted broadly. DMs should therefore allow an
application for an extension of time where the person is able to explain why their
application for a revision is late. Applicants are not expected to show unexpected or
exceptional circumstances. But, if an applicant cannot explain why their application
was not made in time, then the DM may not be able to consider their case. When
considering whether to extend the time limit DMs should also have regard to the
claimant's rights under article 6 of the ECHR - see Annex G.
A3017Where a written statement of reasons is requested it must be provided within 14
days of receipt of request or as soon as practicable afterwards (1). If the notification of
the decision contains a statement of reasons then any further requests for a written
notification has no effect.
1 UC, PIP, JSA & ESA (D&A) Regs, reg 7(4)
A3018Where there is no right of appeal against a decision as there has been no request
for reconsideration then the purported appeal may be treated as an application for
1 UC, PIP, JSA & ESA (D&A) Regs, reg 7(5)
A3019 Reporting changes during the application period « A3007During the application period where
1. a claimant reports a change of circumstances or
2. evidence or information is received indicating that there has been a change of circumstances
the DM may only revise the decision to take account of the change where it
occurred before the decision had effect (1).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 5(2)
A3020 « A3125Where the change occurs after the original decision had effect, the DM cannot
revise to take account of the change. The action to take depends on
1. whether the original decision disallowed or made an award of benefit or
2. in the case of disallowance, when the change occurs.
A3021 « A3125If the original decision awarded benefit, the supersession provisions apply instead (1).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 33
1. before the decision was made, the supersession provisions apply or
2. after the decision was made, a further claim is required (1).
See also A3028 where the change is notified in an application for revision.
1 SS Act 98, s 8(2)(b)
A3023 Advance award « A3075This rule does not apply in the same way where the DM makes an advance award (1).
The DM can revise to take account of changes which occurred before the decision
was made (2). See also A3125 for changes removing entitlement which occur before
the relevant date, but are notified after that date. Any changes which occur after the
date the decision was made, but before the relevant date, and are notified before
that date, should be considered under the supersession rules. See ADM Chapter A4
for guidance on supersession.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 32-34; 2 UC, PIP, JSA & ESA (D&A) Regs, reg 5(2); R (DLA) 4/05
The claimant made an advance claim for PIP on 14.11.15, and the DM awarded the
standard rate daily living component and the standard rate mobility component from
12.4.16. The decision was made and notified on 9.3.16, and a week later the
claimant reported that his condition had deteriorated following a stroke on 7.12.15.
The DM revises the decision made on 9.3.16 to award enhanced rate daily living
component and enhanced rate mobility component. The DM also considers whether
the existing award should be superseded on a relevant change of circumstances.
A3024For the purposes of advance awards, the relevant date is the date the claim is
treated as made where the DM is satisfied that the claimant (1)
1. does not satisfy the conditions of entitlement at the date of claim but
2. will do so within
one month for UC or
2.2 three months for ESA and JSA
after the date of claim or
3. will do so within three months for PIP
after the date of the decision.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 32-34
A3025 Revision and supersession « A3077Decisions should not be superseded where they can be revised instead. This rule
does not apply where
1. the decision could be revised and
2. further circumstances arise which are not in the revision rules, but are in the
supersession rules (1).
In these cases, the decision should be revised as appropriate, and then superseded
to take account of the supersession rules.
1 UC, PIP, JSA & ESA (D&A) Regs, reg 32
The claimant has been awarded the enhanced rate of the mobility component of
PIP. He challenges the decision, as he feels the period of the award is too short. He
also notifies that his condition has deteriorated, and applies for the daily living
component. The DM revises the decision to extend the period of the award, and
supersedes the decision as revised to award the standard rate of the daily living
A3026 What if an application for revision is not accepted / admitted « A3015Where the DM is unable
1. to accept an application for revision because it is late or
2. to admit an application for revision outside the maximum period
the DM should consider whether the provisions allowing revision at any time apply.
A3027 « A3029If it is not possible to revise the decision at any time, the DM should consider the
supersession rules instead. The application for revision can be treated as an
application for supersession (1). The outcome of the supersession depends on
whether the DM considers the original decision is correct. The DM should
supersede the decision on the grounds that it was erroneous in law or based
on ignorance of or a mistake as to a material fact where the outcome is
2. make a decision not to supersede the original decision (2) or
3. exceptionally, make no decision and notify that the decision is not
The decisions at 3027 1. and 3027 2. onlycarry the right of appeal.
1 UC, PIP, JSA & ESA (D&A) Regs, reg; 33; 2 R(DLA) 1/03; Wood v Secretary of State for
Work and Pensions  EWCA Civ 53
A3028 « A3021Where the DM considers that the application for revision should be dealt with as an
application for supersession for a relevant change of circumstances, it is still
important to record and notify that the decision is not revised.
A3029 « A3015Where
A3027 1. applies, the new decision is effective from
1. the date of the application (1) or
2. the date of the relevant determination where appropiate (2).
1 SS Act 98, s 10(5); 2 UC, PIP, JSA & ESA (D&A) Regs, reg 35(5)
A claimant entitled to UC returns form MI (12), and the DM calculates allowable
housing costs element. Two months later, the claimant calls in at the office to say
that the award of housing costs element is incorrect, and asks for arrears to be paid.
The visit is treated as an application for revision. After further investigation, the DM
finds out that the claimant forgot to return another form MI (12) completed by a
different lender for a separate allowable loan. The DM decides that the time for
applying for revision cannot be extended. The DM notifies that the decision is not
revised. The decision is superseded from the first day of the assessment period in
which this is notified.
A3030 How are applications for revision madeA claimant can ask for a decision to be revised, for example by asking for it to be
looked at again, either orally or in writing. There is no application form for a revision.
Where the application is made orally the Department must keep a record of the
conversation. The Secretary of State can also instigate revision of decisions where
an appeal is received. See A3098 for guidance on revision for official error.
A3031Where a claimant applies for a decision to be revised on any ground the application
or notification must be made at an appropriate office (1).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 5(1)(b)
A3032An appropriate office is (1)
1. in the case of a contribution decision, any National Insurance Contributions
Office of HMRC or any office of DWP or
2. the DWP office or other place whose address is shown on the original decision
1 UC, PIP, JSA & ESA (D&A) Regs, reg 2 & reg 5(1)(b)
A3033 Who reconsiders decisionsDMs can reconsider a decision that they or another DM has given (1). Where possible,
although not a legal requirement, the expectation is that the mandatory
reconsideration should be carried out by a different DM.
See ADM Chapter A1 for guidance on revision and supersession of decisions of
1 SS Act 98, s 9 & s 10
A3034 How are decisions revisedThe DM should
1. clarify the grounds for reconsideration where appropriate
2. identify the decision to be reconsidered
3. identify the evidence used by the DM to make the original decision
4. telephone the claimant to ensure all available evidence has been considered
5. obtain further evidence as appropriate
6. keep a record of all the main steps taken during the reconsideration process
such as requests for evidence and any conversations with the claimant
7. decide whether the decision needs to be revised and, if so, on what grounds
where appropriate and when the decision takes effect
8. consider whether any offset is appropriate and whether there is any
overpayment (further details are in ADM Chapter D1).
Note:. There is no need to look at the whole decision again (but see A3065).
A3035Where a claimant makes an application for revision, the result will be either a
revision of the original decision (whether favourable or otherwise) or a decision not
to revise that decision i.e. a change or no change. Whatever the resulting decision,
it must be recorded properly. There is no legal prescription about the format the
record should take, but whether the decision is given clerically or via IT, offices must
follow the procedures laid down in the relevant procedural guidance.
A3036On receipt of an appeal response request from HMCTS, in response to a decision
made following mandatory reconsideration, the DM should, in every case, consider
whether the decision can be revised. If it can be revised to the appellant's
advantage the DM should revise the decision and the appeal may lapse. However,
where revision will not address all that has been asked for in the appeal see A3096.
This paragraph gives guidance on when a decision should not be revised. The
1. apply for the decision as revised to be revised again or
2. make a further appeal.
Note: The claimant, and HMCTS, must be notified if an appeal is lapsed.
A3037The appeal proceeds if
1. the decision is not revised or
2. the decision is revised, but not in the appellant's favour or
3. the DM considers that the decision could be revised partially in the claimant's
favour but it has not been possible to contact the claimant to establish if they
wish their appeal to continue, and so the decision is not revised or
4. the decision is superseded. In this case the appeal proceeds against the
period from the date of the decision under appeal to the date of the
Special rules apply where the decision is revised, but not in the appellant's
favour (see ADM Chapter A5).
A3038 Burden of proofThe person who wants to change the decision has the burden of proving, where
necessary, that it should be changed. The claimant has the responsibility of proving
the case if they apply for a revision (1). The onus is on the DM if the Secretary of State
initiates revision. In a case where documents have been lost or destroyed the
burden of proof does not alter (2).
1 R(I) 1/71; 2 R(IS) 11/92
A3039 Consideration of previous lawThe DM may need to consider the effect of law previously in force. If questions arise
involving the revision of awards for past periods, decisions must be made in
accordance with the law as it was at that time (1). If particular rates are to be applied,
the rates are those which applied at the period of time. Any erosion in value, for
example old benefit rates compared to new, is not considered (2).
1 R(SB) 48/83; 2 R(I) 1/86
A3040 Can revision apply to abolished benefitsDecisions on benefits which have been abolished can still be revised in limited
circumstances (1) (see ADM Chapter A1).
1 SS A Act 92, Sch 10; Inte Act 78, s 16
or those of other DMs (1).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 38
A3042 What is an accidental errorAn error is only accidental when the intended decision is clear, and it is obvious that
the error occurred when recording it. Accidental errors include
1. slips of the pen
2. arithmetical mistakes
3. errors in the text
4. text entered in the incorrect place.
A3043 How are accidental errors correctedA decision can be corrected by striking out the wrong words or date, inserting the
correct ones, and signing and dating the correction. If the correction is more
complex a fresh decision should be given and clearly identified as a corrected
decision. If the correction is made after a copy of the decision has been sent to the
claimant then a written notice of the correction should be given to the claimant (1).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 38(3)
A3044Where a decision of a DM is corrected, the time for applying for revision and for
making an appeal begins on the day the corrected decision is notified (1).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 38(4)
A3045Where the error is made by the FtT it should be returned to the FtT to consider
correction. Further details are in ADM Chapter A1.
Time limits for revision
The timing of the application determines how it is dealt with by the DM. For appeals
to the FtT, UT and the Courts see ADM Chapter A5.
A3047 « A3049Where an application is made outside the time limits as in A3049 et seq and it does
not satisfy the criteria for a late application, the DM should consider the `any time'
revision procedure. Where this is not applicable the DM should consider whether
the decision can be superseded.
A3048See A3074 for guidance on what happens when a decision is not revised.
decision by the Secretary of State on a claim or supersession (1). A decision may be
revised where the application is made
1. within one month of notification of the original decision (subject to A3041 -
correction for accidental errors) or
2. where a written statement of reasons is requested and is provided within the
one month period, within 14 days of expiry of the one month period or
3. where a written statement is provided after the one month period, within 14
days of notification of the written statement or
4. within the appropriate period where a late application is accepted (see A3047).
A month means a calendar month (2).
1 SS Act 98, s 8 & 10; UC, PIP, JSA & ESA (D&A) Regs, reg 5(1)(b); 2 Inte Act 78, Sch 1
Examples of one month period
On 18 November a claimant is notified of the decision on his claim for ESA. The one
month period is 19 November to 18 December.
On 31 December a claimant is notified of the decision on her claim for JSA. The one
month period begins on 1 January. The calendar month ends on 31 January.
On 29 January a claimant is notified of the decision on his claim for JSA. The
calendar month ends on the last date of the following month - 28 February. In a leap
year use 29 February.
The DM can only determine the date of posting on the balance of
probabilities. Unless the DM is certain that a notification was posted on a particular
date, the one calendar month must always be extended by one day where the
claimant makes an application on the day following the end of the one month period.
conditions in A3051 - A3054 are met (1).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 6
The first condition is that an application for an extension of time has been made to
an appropriate office (1). The application need not be in writing, it may be made in
person or by telephone.
1 UC, PIP, JSA & ESA (D&A) Regs, reg 6(2)
A3052The second condition is that the application must
1. explain why the extension is sought and
2. include sufficient information to enable the decision to be revised to be
3. be made within 13 months of the latest date by which the application for
revision should have been received (1) as in A3049.
1 UC, PIP, JSA & ESA (D&A) Regs, reg 6(3))
On 12.11.14 a claimant is notified of the decision on his claim for JSA. The
application period is 13.11.14 to 12.12.14 (ordinarily, a late application might be
possible up to 12.12.15). The claimant requested a statement of reasons within the
one month period, and this was provided on 10.12.14. A late application, where
appropriate, can be made up to and including 26.12.15 (the 13 month late
application period is extended by 14 days).
On 9.2.15 a claimant is notified of the decision on his claim to ESA. The application
period is 10.2.15 to 9.3.15 (ordinarily, a late application might be possible up to
9.3.16). The claimant requested a statement of reasons. This was not provided until
15.3.15 (some 6 days after the initial one month application period ended). A late
application, where appropriate, can be made up to and including 29.3.16 (i.e. the 13
month late application period is extended by a total of 20 days, being 14 days plus 6
days for the delayed issue of the written statement of reasons).
A3053The third condition which must be satisfied for a late application to be accepted is
that it is reasonable to grant the application for the extension of time (1).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 6(4)
A3054 « A3050The fourth (and final) condition is that (1)
1. there are special circumstances for the lateness and
2. as a result of the special circumstances the application for revision could not
be made within the time limit.
1 UC, PIP, JSA & ESA (D&A) Regs, reg 6(5)
"special circumstances" is not defined in legislation and should be
interpreted broadly. It can include factors such as
1. the applicant, partner or dependant has died or suffered serious illness
2. the applicant is not resident in UK
3. normal postal services were adversely affected.
4. the claimant has learning or language difficulties
5. the claimant has difficulty in obtaining evidence or information to support their application
6. ignorance or misunderstanding of the law or time limits
The list is not exhaustive, and each application should be considered on its merits.
For example, where the application concerns a benefit awarded because of LCW or
disability, it may not be appropriate to accept serious illness as a special
A3056Note that the later the application the more compelling the special circumstances for
lateness must be (1) although applicants are not expected to show that their
circumstances are exceptional. Where the delay is not excessive, the person's
circumstances can be less compelling.
1 UC, PIP, JSA & ESA (D&A) Regs, reg 6(6)
The claimant is awarded UC without housing costs in a decision notified on 1
August. At the same time, he is asked to arrange for completion of form MI (12).
Before he can send the form to the building society, he suffers a stroke and is
admitted to hospital for three months. He is discharged home on 6 November. On
11 December he returns form MI (12), explaining why he has not done so earlier. The
DM accepts a late application for revision, and revises the decision to award
housing costs from the date of claim.
A claimant is awarded PIP at the standard rate of the daily living component. Three
months after the decision is notified the claimant contacts DWP asking for that
decision to be reconsidered on the basis that they have been waiting for a written
report from a hospital consultant which, in their view, supports the case for an award
at the enhanced rate. They say that they could not obtain this evidence earlier as
the consultant was unable to provide it. The DM considers that the reasons for the
late application are reasonable and that there are special circumstances. The DM
reconsiders the decision.
A UC claimant contacts the Department nine months after their award was made
querying the date from which UC was first awarded. They say that they had heard
from a neighbour that they could receive extra money if their award was back dated
but were unsure and had not contacted the Department as they had been busy and
had sufficient money to live off. The DM decides not to allow an extension of time.
Where a late application has not been accepted, an application for an extension of
time cannot be renewed (1).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 6(7)
A3058 Revision instigated by the DMThe DM can instigate a revision within one month of notification of the original
decision, and revise it in the same way as for a claimant's application (1).
Note: In cases where a DM considers that the decision may be subject to revision
on their own initiative then a note to this effect should be made on the case.
1 UC, PIP, JSA & ESA (D&A) Regs, reg 5(1)(a)
A3059Decisions can also be revised at any time on the DM's own initiative in limited
circumstances. For example, where an award of benefit is affected by an award of
or change to another benefit which takes effect from the date of the original
decision, or the decision is based on official error, the any time revision provisions
apply. For further advice, see A3091 et seq.
A3060 Challenging a revised decisionWhere an existing decision is revised, following a mandatory reconsideration, there
are fresh appeal rights and a fresh application period. A claimant can challenge the
revised decision provided the application is lodged within the time limit. A further
application for revision is not required by the claimant who can appeal the decision
as revised immediately.
Revising decisions during the application period
A3061 IntroductionDecisions challenged during the application period can be revised by the DM on any
ground. Where the claimant appeals directly to DWP before mandatory
reconsideration has been considered then the appeal should be treated as an
application for mandatory reconsideration and the claimant is advised that the
appeal has been treated as a request for mandatory reconsideration. The claimant
has a right to appeal the decision as revised. See ADM Chapter A5 for further
A3062Where the decision is revised but not to the claimant's advantage, the appeal
proceeds, but the appeal will be treated as against the decision as revised (1). The
appellant will be given a further month in which to make representations against the
revised decision (2). See ADM Chapter A5 for further details.
1 UC, PIP, JSA & ESA (D&A) Regs, reg 52(1) & 52(2); 2 reg 52(3)
The DM should always reconsider decisions challenged during the application
period. Claimants do not have to give reasons why they think the decision is wrong
when making an application for revision. The DM may need further evidence or
information to establish if it was based on incorrect facts or law.
A3064Where the DM notices an error, the decision can be looked at again even if it is
noticed outside the time limits (see A3092 et seq).
facts and circumstances of the case again (1). For example, only one fact may be at
issue. The DM should exercise discretion depending on the circumstances of each
case when deciding what determinations embodied in a decision need to be looked
at again. If the DM notices an obvious error which is not mentioned in the claimant's
application it should be dealt with as part of the revision process.
1 SS Act 98, s 9(2)
A person claims UC as a single claimant. She works P/T in the evenings in a call
centre. The DM awards UC taking gross earnings into account. The claimant
disputes the amount of the award. The DM revises the original decision because the
amount of earnings has not been reduced to take account of tax and NI deductions.
No other changes are made to the decision.
A jobseeker leaves employment. The DM decides that good reason has not been
shown, and a 156 week sanction is imposed. The jobseeker disputes the period of
the sanction because there has been no previous sanctionable failure. The DM
decides to change the sanction to 13 weeks. No other aspect of the decision is
A3066The original decision can be revised during the application period on any ground.
This includes if the DM
1. reaches a different conclusion about the facts of the case
2. decides that the original decision was based on a mistaken view of the facts
3. considers the original decision was based on an incorrect interpretation of the law
4. considers the original decision was based on insufficient evidence
decides that there are new relevant facts which were not known at the time
the decision was made.
ExampleA jobseeker fails to attend as required. She makes a statement in writing within five
working days about the failure to attend. The DM supersedes and terminates
entitlement to JSA because it is not accepted that good cause was shown.
Following a request to reconsider the decision, it later comes to light that there was
additional evidence in the claimant's verbal explanation to a member of staff in the
Jobcentre. Taking this additional evidence into account, the DM accepts that good
cause was shown within five working days, and revises the disallowance to reinstate
A3067 What if more information is neededDMs are not bound by what the previous DM concluded about the facts, but they need
to consider cases thoroughly and conscientiously in order to make the reconsideration
process a reality. In particular they must make sure that all existing evidence is looked
at carefully and, where necessary, further evidence obtained. If the claimant provides
any fresh evidence that also must be looked at carefully. However, in looking at the
decision afresh the DM need only look at issues raised by the application for
revision or the appeal (see A3065).
not a requirement to obtain any further evidence, there will be
occasions when further evidence is necessary. For example if a decision is not
revised wholly in the claimant's favour. In such cases it should be obtained and
looked at carefully along with the existing evidence.
A3069Should further evidence be required the claimant should be contacted by the most
appropriate method such as by telephone, letter, office interview or visit.
A3070Where further evidence or information is required from the claimant in order to deal
with an application for revision, the claimant is notified what information or evidence
is required, and given one month to supply it. The one month period can be
extended where the DM thinks it is reasonable to do so (1).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 20(3)(a) & reg 20(3)(b)
A3071The decision may be revised on the basis of the
1. evidence where this is supplied within one month of the notification (or within
any extended period) or
2. original application where no response is received within the time allowed (1).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 20(3)(b) & 20(3)(c)
Which decisions cannot be revised
PIP and ESA - Special rules for the terminally ill
A decision on PIP or ESA cannot be revised where the application is made within
the one month time limit, on the grounds that the person is terminally ill (1), unless the
application for revision contains an express statement that the person is terminally
Note: Evidence of terminal illness submitted by or on behalf of the claimant enables
the decision to be revised on these grounds.
1 UC, PIP, JSA & ESA (D&A) Regs, reg 5(2)(c)
A3073This applies even though the original claim may not have been made expressly
because the person was terminally ill (1).
1 WR Act 12, s 82
revision, there may not be any reason to revise it. Where
1. the claimant has requested mandatory reconsideration of the decision and
2. the application is within the time limits or a late application is accepted and
3. there is no reason to revise it
the claimant is notified that the DM has decided not to revise the decision.
A3075The decision not to revise does not of itself carry the right of appeal, although the
claimant has a further period of one month to appeal the original decision (1). See A3023 for action to take when a late application is not accepted.
1 TP (FtT) (SEC) Rules, rule 23(2) & Sch 1; R(IB) 2/04; R(1S) 15/04
A3076Appeal rights arising from the original decision are only renewed where an
application for revision has been refused and the application was made
1. within the statutory one month time limit (see A3046) or
2. after the statutory one month time limit, and the DM has extended the time
for applying (see A3050).
1. nor 2. above applies then there is no right of appeal.
A3077If the time for appealing cannot be extended the DM should always look at whether
the decision under appeal can be revised as in A3092 et seq, or if not, superseded
as in A3025. If the DM decides that there are no grounds for revision or
supersession, the claimant must be notified accordingly. The decision not to
supersede has the right of appeal.
A3078Where the DM is reconsidering a case because the claimant has appealed following
a reconsideration, and it is decided that revision is not appropriate but supersession
is then the claimant must be notified of this decision.
ExampleOn 4.11.15 the DM awards the enhanced rate of the mobility component from
22.06.15, the date of the PIP claim. The claimant asks for the decision to be
reconsidered. The DM does not revise the decision and the claimant subsequently
appeals on 18.11.15 on the grounds that he is also entitled to the daily living
component. He sends in a consultant's report with his appeal. The DM considers
that the evidence shows that the claimant's condition has got worse since the award
began. He treats the appeal as an application for supersession, and supersedes the
awarding decision on the grounds that there has been a relevant change of
circumstances. The new decision awarding the standard rate of daily living
component in addition to the mobility component is effective from 31.10.15, after the
qualifying period is satisfied. The appeal goes ahead, and the FtT is limited to
considering whether the daily living component should be awarded for the period
22.06.15 to 30.10.15. If the FtT awards an enhanced rate of the daily living
component, the supersession decision may be revised to take account of the FtT
A3079If the decision is revised to the detriment of the claimant, the notification to the
claimant should make clear that the appeal will proceed unless the claimant asks for
it to be withdrawn. For further details, see ADM Chapter A5 .
The decision should always be notified where the DM revises the decision to
the detriment of the claimant.
A3080 Revision where an appeal is pending before a court in another caseThe DM may decide not to make a decision on a look-alike case while a lead case
appeal is pending before the courts (see ADM Chapter A4 for guidance on staying cases).
Issues for decision by HM Revenue and Customs
A3081 IntroductionHMRC is responsible for making decisions on NI contributions issues previously
determined by the Secretary of State (1). A list of these, together with exceptions is at
Annex C to this Volume.
1 SSC (ToF) Act 99, s 8(1)
A3082Entitlement to ESA and JSA depends on the contribution conditions being satisfied.
In practice the NI contribution record is usually obtained and any decision is based
on the assumption that the record is factually correct. See ADM Chapter A1 for
further guidance about making assumptions. However, where there is a dispute
about the record, the matter must be referred by the Secretary of State to HMRC for
a formal decision.
A3083 When to refer to HM Revenue and CustomsWhere the DM considers that before deciding an application for revision of a
decision made on an assumption of facts a formal decision by HMRC is required,
the issue must be referred to HMRC (1).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 42(1)
A claim for JSA is disallowed because the NI record shows no contributions for the
two tax years before the benefit year in which the date of claim fell. All other
conditions of entitlement are satisfied. The claimant applies for the decision to be
revised on the ground that she was employed for several years immediately before
claiming benefit, and her wage slips show NI deductions. The DM refers the
question of whether contributions should be treated as paid to HMRC. HMRC
decides that contributions should be treated as paid for the period of employment.
The DM revises the disallowance and awards JSA. (1)
1. determine any other matter on the application (leaving the application
2. decide the application on the basis of a preliminary opinion of HMRC on the
issue referred to them
3. defer making a decision on the claim or application.
1 UC, PIP, JSA & ESA (D&A) Regs, reg 42(3)
A3085 « A3089Where the referral was made following an appeal, it is not possible to make a further
decision until HMRC's decision is received.
A3086 Action when HM Revenue and Customs decision receivedOnce the final decision of HMRC is received, the action depends on what decision
had been made before it was received.
A3087Where a decision had been made on an application for revision in accordance with A30842. the DM should consider whether to revise or supersede in the light of
HMRC's final decision (1).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 42(4)(a)
Where no decision had been made on an application for revision in accordance with A30841. or 3., the DM should make a decision taking HMRC's decision into
account (1). However, if HMRC's decision shows no error or change in the original
decision, the DM should notify that the decision is not revised.
1 UC, PIP, JSA & ESA (D&A) Regs, reg 42(4)(b)
ExampleA claim for JSA is disallowed because the contribution conditions are not satisfied.
The claimant applies for revision on the basis that some contributions from
employment in the relevant tax years have not been included in his record. The DM
defers making a decision pending HMRC's decision. HMRC decide that all
appropriate contributions have been included. The DM notifies that the disallowance
decision is not revised.
A3089Where the referral was made following an appeal as in A3085 the DM should
consider whether the decision under appeal can be revised or superseded. See
ADM Chapter A5 for guidance.
A3090A final decision of HMRC includes a decision on an appeal against a decision of
1 UC, PIP, JSA & ESA (D&A) Regs, reg 42(5)
A3091 Late award of contributions and credits « A3059A decision not to award a contributory benefit, or to award it at a different rate, may
be revised at any time. The decision may be revised if
1. on or after that decision is made a late paid contribution or credit is treated as
paid at the same time as or before the date on which the original decision not
to award, or award at a lesser rate was made and
2. as a result of the late contribution or credit the original decision would have
awarded benefit or would have awarded it at a different rate (1).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 17
Revising decisions at any time
time either during or outside the application period without an application from the
1 SS Act 98, s 9(1); UC, PIP, JSA & ESA (D&A) Regs, reg 8
A3093 Revision while appeal is going onThe DM may revise at any time (1) before the appeal is determined where an appeal,
including a late appeal, is made within the time limits (see ADM Chapter A5).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 11(1)
A3094This allows the DM to revise the decision under appeal where action to revise does
not start within the one month time limit. For example, the claimant may produce
further evidence after an adjourned hearing which was not previously available to
the DM, but which allows the decision to be revised.
A3095Where new information is provided after the response has been written and sent to
HMCTS, a revision should be considered. Where the decision is revised, HMCTS
should be informed immediately, especially where the appeal is to be lapsed.
A3096 When should a decision not be revised « A3036The purpose of lapsing an appeal is to prevent unnecessary appeals going ahead.
The power to revise is discretionary rather than mandatory, and should not be used
in order to prevent an appeal being heard. DMs are therefore advised to consider
whether a decision under appeal should be revised where
1. the revision does not address the issue which is the subject of the appeal and
2. it is likely that a further appeal will be made.
The DM decides that a claim for JSA should be disallowed from and including
17.1.17 on the grounds that the claimant has an occupational pension of £300 per
week. The decision is reconsidered on appeal, the issue being whether the claimant
has an occupational pension. The DM notices that the date of disallowance is
incorrect, and should have been 19.1.17. The DM does not revise the decision, and
the appeal goes ahead. The error in the disallowance date should be addressed in
the appeal submission.
The DM decides that an overpayment of benefit of £10,855 is recoverable. The
decision is reconsidered on appeal, the issue being whether the overpayment is
recoverable. The DM notices that the amount of the overpayment has been
incorrectly calculated, and should be £10,835. The DM does not revise, and the
appeal goes ahead. The error in the amount should be addressed in the appeal
The DM decides that an overpayment of benefit of £10,855 is recoverable. The
decision is reconsidered on appeal, the issue being whether the amount of the
overpayment is correct. The claimant contends that the amount of the overpayment
is £5,000. The DM notices that the amount of the overpayment has been incorrectly
calculated, and should be £10,835. The DM does not revise the decision as it is
clear that the claimant will make a further appeal. The submission to the FtT should
point out this error in calculation.
The DM makes an advance award of the standard rate of the daily living component
of PIP, deciding that the qualifying period was not satisfied at the date of the claim.
The claimant appeals on the ground that the award should have started on the date
of claim, and should have been at the enhanced rate. The DM accepts that the
qualifying period was satisfied at the date of claim, but decides that the claimant is
not entitled to the enhanced rate. The claimant is advised of this via telephone call
but still contends that they consider that they should be entitled to the enhanced
rate and that they would make a further appeal. The DM does not revise the
decision and the appeal proceeds.
The DM awards the standard rate of daily living and mobility components of PIP.
The claimant appeals on the grounds that they satisfy the conditions for the
enhanced rate of both components. The DM finds he could revise the decision
awarding benefit at the same rate but 3 weeks earlier. The DM does not revise and
the appeal goes ahead. The error in the date should be addressed in the appeal
The DM awards the standard rate of daily living and mobility components of PIP.
The claimant appeals on the grounds that they satisfy the conditions for the
enhanced rate of both components. The DM reconsiders the decision and decides
that the claimant should be awarded the enhanced rate of the daily living
component but that the award of the mobility component should remain at the
standard rate. The claimant is advised of this and says that they are content with the
proposed new decision and that they will not make a further appeal against the
revised decision. The DM revises the decision and the appeal lapses.
A3097Where the decision is not revised, but the DM considers it to be incorrect, the
1. advise the FtT why the decision is not revised and
2. request that the correct decision is substituted for that of the DM.
A3098 Revision for official error « A3030A decision made by the Secretary of State either initially or on a supersession can
be revised at any time for official error (1).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 9(a)
A3099Where the claimant applies for a decision to be revised for official error outside the
application period in A3050 et seq, and the DM does not accept that there was an
official error, the decision not to revise should be notified without appeal rights (1). The
DM should then consider if the decision can be superseded.
1 R (IS) 15/04
A3100 Meaning of official errorAn official
error (1) is an error made by
1. an officer of the DWP or HMRC acting as such which was not caused or
materially contributed to by any person outside DWP or HMRC or
2. a person employed by and acting on behalf of a designated authority which
was not caused or materially contributed to by any person outside that
Designated authority means the Secretary of State or a person providing services to
the Secretary of State (2).
Example : A GP provides an incorrect report on a person who claims PIP. The GP
is also employed part-time by the service provider to provide a report for the
purposes of the PIP claim. The report from the GP in his capacity as an employee of
the NHS cannot constitute an official error as the GP is not providing services to the
Secretary of State.
1 UC, PIP, JSA & ESA (D&A) Regs, reg 2; 2 reg 2
A3101In considering whether a decision was based on an official error, DMs should note that
1. an official error refers only to a clear mistake of fact or law arising because an
officer has failed to make a decision or take an administrative act that was
required under SS legislation. The officer must not have been acting in a
private capacity for example giving advice to a neighbour
2. the official error must have made the appropriate decision wrong
3. the error must lie in the decision and not merely in the circumstances
surrounding its issue
4. "mistake" refers only to obvious mistakes made by officers on the facts told to
them by claimants or which they had reason to believe were relevant
5. officers of the Department, for example visiting officers, do not have a duty to
interrogate claimants about their circumstances. It is up to the claimant to
make the point about the circumstances to the visiting officers
6. DMs have a duty to consider whether the claimant has caused or contributed
to any mistake
7. there is no general duty on an officer to keep all cases constantly under
review in order to see whether a particular provision might apply in a
particular case, even when that provision may be beneficial to a claimant
8. an alleged failure of consideration is not equivalent to a mistake of fact
9. the provision cannot apply where the mistake, act or omission occurred after
the decision being reconsidered was made. To be relevant, it must have
occurred before or have existed at the time of the decision
10. an error of law by a DM is an official error.
Note: Decisions which are found to be erroneous in law because of a later decision
of a UT or Court cannot be revised on this basis as this does not constitute an
official error (1). The decision should be superseded instead (see ADM Chapter A4).
1 UC, PIP, ESA & JSA (D&A) Regs, reg 2
A3102Applications for supersession may be treated as applications for revision where it
would be more appropriate to apply the revision rules (1).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 20(1)
A3103This is most likely to be where the decision ought to be revised to the claimant's
advantage because it was based on an official error. In these circumstances
revision is more appropriate because the effective date of the revised decision is
more advantageous to the claimant than the effective date of the superseded
A3104 Revision for error of factDecisions can be revised at any time where the DM's decision was better for the
claimant than it should have been, because it was made in ignorance of, or based
on a mistake as to, a material fact (1). For guidance on the meaning of a material fact,
see ADM Chapter A1.
1 UC, PIP, JSA & ESA (D&A) Regs, reg 9(b)
A3105 ESAA decision awarding ESA may be revised at any time (1) if
1. the awarding decision was made on the basis that the claimant had made
and was pursuing an appeal against a determination that they did not have
2. the appeal to the FtT in relation to that original determination was successful
1 UC, PIP, JSA & ESA (D&A) Regs, reg 15(2)
A3106A decision awarding ESA may be revised at any time (1) if
1. it incorporates a determination that treats a claimant as having LCW until a
determination about LCW has been made (2) and
2. the conditions for treating a claimant as having LCW as referred to in A3106
1. were not satisfied at the time the claim was made and
3. there is a period before the award took effect which falls to be decided
1 UC, PIP, JSA & ESA (D&A) Regs, reg 15(3); 2 ESA Regs 2013, reg 26
A3107A decision awarding ESA may also be revised at any time (1) where the claimant's
current period of LCW is treated as a continuation of another period of LCW by
virtue of linking rules (2).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 15(4); 2 ESA Regs 2013, reg 86
A3108Where a decision has been made to terminate ESA because the claimant has
received 365 days benefit (1) and it is subsequently determined that, in relation to the
period of entitlement before that decision was made that the claimant had or is
treated as having had LCWRA then the decision to terminate ESA may be revised (2).
1 WR Act 2007, s 1A; 2 UC, PIP, JSA & ESA (D&A) Regs, reg 15(5)
A3109 Revision following appeal against an earlier decisionThe DM may revise a decision at any time following determination of an appeal
against an earlier decision. These decisions may be a decision on a claim or
1 UC, PIP, JSA & ESA (D&A) Regs, reg 11(2)(a)
1. the DM makes a decision, or revises or supersedes a decision ("decision A")
2. the claimant appeals against decision A and
3. after the appeal has been made but before it is decided the DM makes
another decision ("decision B")
3.1 whichsupersedes decision A or
3.2 on a further claim and
4. decision A is changed on appeal and
5. the DM would have made decision "B" differently if, at the time they had been
aware of the FtT decision
the DM may revise decision B1.
1 UC, PIP, JSA & ESA (D&A) Regs, reg 11(2)
A claimant in receipt of indefinite awards of PIP daily living and mobility components
at the standard rate notifies on 21.5.13 that he has more care needs. The DM does
not accept that an enhanced rate of care is appropriate, and on 4.6.13 decides not
to supersede the awarding decision. The claimant appeals. He also applies to the
DM for an enhanced rate of mobility component following an accident on 28.6.13.
On 18.7.13 the DM supersedes the awarding decision to award the enhanced rate
mobility component for two years from 28.9.13, but does not increase the daily living
component. The FtT hears the appeal on 16.9.13, and awards the enhanced rate of
the daily living component from 21.5.13. The DM revises the decision of 18.7.13 to
award the enhanced rate of the care component from 28.9.13 and the enhanced
rate of mobility component for the period 28.9.13 - 27.9.16.
A3111 Revising decisions on JSAA decision awarding JSA may be revised at any time where a person claims JSA because
1. a "conversion" decision (1) has been made that they do not qualify for ESA or
2. a decision has been made terminating ESA (2) because they do not have LCW
and the claimant appeals and is successful at the FtT.
1 UC, PIP, JSA & ESA (D&A) Regs, reg 16(2); ESA (TP, HB & CTB) (EA) (No 2) Regs, reg 5(2)(b);
2 UC, PIP, JSA & ESA (D&A) Regs, reg 16(3)
A3112 Revising decisions on PIPAn advance claim decision can be revised at any time if the circumstances expected
at the effective date of the award do not materialise. This also applies to advance
awards where the claimant does not satisfy the conditions or level of conditions at
the date of claim but would be expected to do so within 3 months of the date of the
DM's decision (1).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 18(1) & reg 13
A3113A decision that PIP is not payable for any period may be revised at any time (1) where
1. a determination is made, on incomplete evidence, having made reasonable
enquiries, as to whether the claimant meets the condition that they are a care
home resident where the costs are met out of LA or public funds and
2. after that determination has been made any of the costs of the qualifying
services are recovered from the person for whom they were provided (2).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 18(2); WR Act 12, s 85(2);
2 UC, PIP, JSA & ESA (D&A) Regs, reg 39(5)
David is in receipt of PIP and goes into a care home. The DM, after making
reasonable enquiries is unable to obtain all the evidence and determines that
David's costs are met out of LA funds. A decision is made that PIP is not payable. It
later comes to light that David has his own property and has sold the house. The LA
recovers the qualifying costs from David. The decision that PIP is not payable is
A3114A decision may be revised at any time where that decision was made in
consequence of a negative determination if it contains an error to which the claimant
did not materially contribute (1).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 18(3)
Gerard is in receipt of PIP. He is told to attend for a consultation with a HP. Gerard
fails to attend the consultation and does not reply to letters asking him why he did
not attend. The DM makes a negative determination and terminates Gerard's
award. Gerard contacts DWP asking why his award of PIP has stopped. In the
course of the conversation Gerard says that he notified a change of address some
time ago and that is why he didn't receive the letter telling him to go for a
consultation. The DM notes that a letter from Gerard was received but was never
actioned. The decision to terminate PIP is revised.
A3115 Revising decisions on UCA decision to apply a benefit cap to UC may be revised at any time (1).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 19(1); UC Regs, reg 81
ExampleKevin is awarded UC. The award is subject to a benefit cap as the award is in
excess of the prescribed amount. Kevin contacts DWP to say that he thinks the
decision to reduce his award is incorrect as when he made his claim to UC he
incorrectly told DWP that he was in receipt of CHB for 4 children when in fact he
was only entitled to CHB for 2 children. The DM determines that Kevin was in fact in
receipt of UC for only one child and had become confused as to what benefits he
was in receipt of. The DM decides that a benefit cap should not apply to Kevin and
revises the awarding decision accordingly.
A3116A decision which adopts a determination under prescribed legislation (1) may be
revised at any time in consequence of a rent officer's re-determination. This applies
when the re-determination resulted in an increase in the amount which represents
rent for the purposes of calculating the housing costs element in UC (2).
1 Rent Officers Order 2013; 2 UC, PIP, JSA & ESA (D&A) Regs, reg 19(2)
Warren is in receipt of UC. The award includes the housing costs element. A rent
officer re-determines Warren's rent and increases it. The award of UC is revised to
take into account this re-determination.
A3117 Revision of sanction decisionsA decision may be revised at any time (1) where
1. an ESA award is reduced as a result of the claimant's failure to participate in
work related requirements (2) or
2. a JSA award is reduced as a result of a sanction (3) or
3. a UC award is reduced as a result of a sanction (4).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 14(1)(a-c); 2 WR Act 07, s 11J (1);
3 JS Act 95, s 6J & 6K (1); 3 WR Act 12, s 26(1) &27(1)
A3118 Revising decisions on sanctionable benefits (loss of benefit provisions)Where a restriction is imposed on a person (1) as a result of
1. being convicted of an offence by a court or
2. agreeing to pay a penalty as an alternative to prosecution and
that conviction is quashed or set aside or the person withdraws the agreement to
pay a penalty then a decision (1) that benefit ceases to be payable may be revised at
any time (2).
1 SS Fraud Act 2001, s 6B, s 7 & s 9; 2 UC, PIP, JSA & ESA (D&A) Regs, reg 14(1)(d-f)
A3119 Revising decisions on linked benefitsWhere
1. the DM awards entitlement to a benefit and
2. the claimant (or in the case of UC a member of their family (1)) is awarded
another relevant benefit or an increase in another benefit for a period which
includes the date on which the award of the first benefit took effect
the first decision can be revised (2).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 2; 2 reg 12
A claimant is awarded UC. His child is entitled to DLA from a date prior to the award
of UC. The award of UC can be revised to include the disabled child addition.
benefit (1) includes
Note : Credits are not an award of a relevant benefit.
1 SS Act 98, s 8(3)
A3121 Revising decisions and determinations with no appeal rightsDecisions and determinations which have no right of appeal (1) can be revised at any
time. These are mostly administrative decisions such as timing and manner of
payment. See ADM Chapter 1 for details.
1 SS Act 98, Sch 2; UC, PIP, JSA & ESA (D&A) Regs, reg 10 & 50(2) & Sch 3
A3122 « A3125Decisions that are not appealable are listed in Annex E to this Volume. Where such
decisions are challenged, the Secretary of State can look again at the decision, and
revise or supersede it if it is reasonable to do so, but this is at the discretion of the
Secretary of State. These decisions can also be challenged by means of judicial
review. See ADM Chapter 1 for further guidance.
A3123 Decisions given without authorityDecisions given by DMs which are outside their jurisdiction are nevertheless
effective and may be revised (1). The effect of the revision includes deciding that the
decision should not have been made.
1 R(S) 13/81
A3124 « A3127A decision of a DM given without authority because no claim has been made for the
period covered by the decision can be revised because of official error (1). It does not
matter whether or not the error was a reasonable one to have made. The statutory
provision is a wide one which is applicable as long as the error on which the revision
was based is genuine.
1 UC, PIP, JSA & ESA (D&A) Regs, reg 9(a)
A3125 Revision of advance awards « A3023An award on an advance claim is conditional on the claimant's circumstances at the
relevant date. See A3021 for the meaning of relevant date. Changes of
circumstances occurring and effective
1. after the date the claim is decided and
2. before the relevant date
can be dealt with by way of revision where the circumstances in A3122 apply. See
also A3020 for revision where the change is advantageous to the claimant and
occurred before the decision was made.
A3126Where a change
1. is notified
after the relevant date and
2. has the effect that the conditions of entitlement are not satisfied from that
date the award can be revised (1).
The result of the revision is that the claim is disallowed from the date of claim. It is
important to note that, whilst the effect is the same, revision in this context is done
not under the normal rules (2) but under a free-standing provision. It must therefore
be exercised with discretion and cases where a change is notified long after it
occurred should be referred to DMA Leeds for advice. See also ADM Chapter A4
for guidance on supersession of advance awards.
1 SS Act 98, s 9; UC, PIP, JSA & ESA (C&P) Regs, regs 32-34; UC, PIP, JSA & ESA (D&A) Regs, reg 13;
R(DLA) 4/05; 2 UC, PIP, JSA & ESA (D&A) Regs, reg 5
The current award of PIP expires 25 September. An advance award is decided on
14 April, effective from 26 September. An award is made for standard rate daily
living component. On 4 June the claimant has a successful kidney transplant
operation that is notified to the DM on 12 October. Although the claimant has limited
care needs, the DM decides that these are insufficient for an award of PIP. The DM
revises the decision made on 14 April to disallow the award from 26 September.
A3127 Effective date of a revised decisionA revised decision usually takes effect from the date of the original decision (1). For
details of the exception to this general rule, see A3124.
1 SS Act 98, s 9(3)
A3128When a decision is revised but the DM decides that the date of the original decision
was wrong then the revision takes effect from the date on from which the original
decision would have taken effect had the error not been made (1).
1 UC, PIP, JSA &ESA (D&A) regs, reg 21