Help with Getting a DWP decision revised

PAGE CONTENTS- Asking for a written statement of reasons / Asking for a revision / Backdating payments / Rights of appeal

There is a one-month dispute period in which you can ask for the decision to be revised.

A request for revision can be made for any reason at all but you should make clear your reasons for thinking that the original decision is wrong. You should also forward any supporting evidence that wasn't part of the original claim.

Applying for a decision to be revised is a much shorter and simpler process than launching an appeal. Asking for the decision to be revised also maximises the amount of times that the decision will be looked at- going straight to an appeal tribunal loses this opportunity.

The Decision Makers' Guide states: "The revision process allows the Decision Maker to re-examine the facts of the case, the law used and other issues such as how discretion was applied when making a decision.Revising a decision at an early stage, for example where an appeal is made, can avoid the need for cases to proceed to a formal tribunal hearing."

There are cases where the time period can be extended up to 13 months of the original decision. The conditions for having a late application accepted are-

• it is considered reasonable to grant the application for an extension of time
• the application for revision has merit (ie it may be successful if the application for an extension of time is granted)
• there are special circumstances for the lateness
• as a result of the special circumstances, the application for revision could not be made within the one month limit

The "special circumstances" are not defined, the decision makers' guide lists the following as examples-

• the applicant, partner or dependant has died or suffered serious illness
• the applicant is not resident in the UK
• normal postal services were adversely affected

The above list is not exhaustive, each application should be considered on its merits.

A statement of reasons

You can ask the DWP for a written statement of the reasons for their decision (if they haven't already sent you one with their decision). The DWP must give their statement to you within 14 days of your request.

If you ask for a written statement the dispute period is extended by two weeks.

Asking for your decision to be revised

You can ask for a revision for any reason at all.

You can ask for a revision by phone, by visiting your local DWP office or by letter. It's probably best to make a written request and to keep a copy of your letter. You should also forward any new supporting evidence which backs up your view that the original decision was wrong.

The Decision Makers' Guide says that "The revision process allows the Decision Maker to re-examine the facts of the case, the law used and other issues such as how discretion was applied when making a decision."

When revising a decision Decision Makers are advised to-

• clarify the grounds for reconsideration where appropriate
• identify the decision to be reconsidered
• identify the evidence used by the Decision Maker to make the original decision
• obtain further evidence as appropriate
• keep a record of all the main steps taken during the reconsideration process such as requests for evidence, conversations with the claimant,
• decide whether the decision needs to be revised and, if so, on what grounds where appropriate and when the decision takes effect
• consider whether any offset is appropriate and whether there is any overpayment.

There are three possible outcomes to the revision process-

• The Decision Maker revises favourably and issues a new outcome decision or
• The Decision Maker revises unfavourably and issues a new outcome decision or
• The Decision Maker refuses to revise ie makes a decision not to revise.

A decision not to revise is not appealable but the claimant will have the right to appeal the original decision.

Backdating

If the DWP revise their decision and make a different award, the new rate is backdated to the date of your original claim.

Your rights of appeal

If you are not happy with the revised decision you can appeal to an independent tribunal within one month (or six weeks if you've asked for written reasons). As part of the appeal process, the tribunal will ask the DWP to consider whether the decsion can be revised.