NI260 - A guide to Revision, Supersession and Appeal (April 2009)
Revision
- What happens after you apply
- Revision outside of the one month time limit
- What the Decision Maker can do where you have made an application for revision
Revision is the means by which a decision can be changed from its original date [SS Act 1998 9](or an earlier or later date if that date itself was wrong) [SSCS(D&A) Regs 1999 3 & 5]. In general the Decision Maker will only do this if your application to have a decision revised is made within one month of the date of notification of the decision. (There are exceptions, which are explained below). If your application is made later than this, and is not covered by one of the exceptions, it will be treated as an application for supersession and any new decision will be made (whether or not the original decision is wrong) only from the date you applied to have the decision revised (see the section on supersession).
To apply for a decision to be revised, you can either write to the office which is indicated on the decision notice or you can make a verbal application. Importantly, you do not have to show ‘grounds’ before the decision can be changed. All you have to do is say why you think the decision is wrong. Of course, it will be helpful if you provide as much detail as possible about your reasons for disagreeing with the decision.
What happens after you apply
If you apply in writing
If it is clear that the decision is wrong, the Decision Maker will change it. You will be sent a new decision with new dispute and appeal rights.If it is not clear that the decision is wrong, and you can be contacted by phone, you may be rung up and offered a verbal explanation of why the decision was made. If you accept the offer of a verbal explanation, and after hearing the explanation you decide that you no longer want the decision to be looked at again, you will be asked to formally withdraw your application in writing within five days. If you do not do this the decision will be reconsidered; you will be notified of the outcome.
If you do not wish to have a verbal explanation of the decision and would prefer a written explanation then as long as one has not already been provided in the decision notification, this will be provided. If you are not satisfied by either the verbal or written explanation, the Decision Maker will look at your decision again to see if it can be revised.
It is of course for you to decide how you want to proceed with your application, but it will probably be useful if you do accept the offer of a verbal explanation of the decision. It will not affect your rights and you will be in a better position to decide whether to continue and challenge the decision.
If you cannot be contacted by phone, the decision will be reconsidered on the basis of your application.
Please note that you may be asked to provide more information to support your application. If this happens, you will generally have one month to reply. If you do not reply within the time limit, the application is likely to be reconsidered on the basis of the original application.
If you make a verbal application
If it is clear that the decision is wrong, the Decision Maker will change it. You will be sent a new decision with new dispute and appeal rights.
If it is not clear that the decision is wrong, you may be offered a verbal explanation of why the decision was made. If after hearing the explanation, you decide that you no longer want the decision to be looked at again, that will be the end of the matter.
If you do not wish to receive a verbal explanation and would prefer a written explanation, then as long as one has not already been provided in the decision notification, this will be provided. If you are not satisfied by the verbal explanation or the written explanation, you should confirm that you want the decision to be reconsidered. It is of course for you to decide how you want to proceed with your application, but it will probably be useful if you do accept the offer of a verbal explanation of the decision. It will not affect your rights and you will be in a better position to decide whether to continue and challenge the decision.
Please note that you may be asked to provide more information to support your application. If this happens, you will generally have one month to reply. If you do not reply within the time limit, the application is likely to be decided on the basis of the original application.
Revision outside of the one month time limit
Revision outside of the one month time limit
There are a number of exceptions to the one month rule for revision.
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Seeking a written statement of the reasons for the decision [SSCS (D&A) Regs 1999 3(1)(ii) and (iii) & Reg 28]
If the decision notification has not given you a detailed written explanation of why a decision has been made, you can get this by contacting the office that sent you the decision. You must get in touch with that office within one month of receiving the decision notice. If you do this and the explanation is sent before the end of the one month dispute period, this period will be extended by 14 days. If the explanation is sent after the one month period has ended, you will be given an extra 14 days from the date that it is sent so the period for applying for a revision is then extended by 14 days.
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Late application [SSCS (D&A) Regs 1999 4]
The time limit can be extended up to a maximum of 13 months where there are special circumstances for the delay in making an application. All the following conditions must be satisfied for a late application to be accepted:
- it is reasonable to grant the application
- the application has merit
- special circumstances apply
Examples of special circumstances are as follows (this is not a full list): the applicant or their spouse or a dependant of the applicant has died or suffered serious illness; the applicant is not resident in the UK; normal postal services were adversely affected.
Please note that the later you make the application the more compelling the special circumstances for lateness must be. When deciding whether it is reasonable to grant the application, the Decision Maker will take no account of:
- ignorance or misunderstanding of the law or time limits
- the fact that a Commissioner or court has taken a different view of the law from that which was previously understood and applied.
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Official error cases [SSCS (D&A) Regs 1999 3(5)]
If a decision can be shown to be wrong because of official error the Decision Maker can revise the decision at any time. By official error we mean an error made by an officer of the Department for Work and Pensions or HM Revenue & Customs which no person outside of either Department caused or contributed to.
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Overpayment cases [SSCS (D&A) Regs 1999 3(5)
If a decision was made in ignorance of some material fact, or was based on a mistake about some material fact, and as a result the decision was more advantageous to you than it would otherwise have been, the Decision Maker can revise the decision at any time.
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Jobseeker’s Allowance (JSA) sanction cases [SSCS (D&A) Regs 1999 3(6)]
A decision to impose a sanction on the payment of Jobseeker’s Allowance (JSA) can be revised by the Decision Maker at any time.
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Late payment of a qualifying benefit [SSCS (D&A) Regs 1999 3(7)]
If you are in receipt of a benefit (the linked benefit) and either you or a member of your family become entitled to another benefit (the qualifying benefit), which is backdated to the first day you became entitled to the linked benefit, the linked benefit can be revised at any time.
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Non-appealable decisions [SSCS (D&A) Regs 1999 3(8)]
A decision which does not carry the right of appeal can be revised at any time.
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An appealed decision [SSCS (D&A) Regs 1999 3(4A)]
A decision which has been appealed can be revised at any time before the appeal is decided by an appeal tribunal.
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A post-appeal decision [SSCS (D&A) Regs 1999 3(5A)]
Where a decision is appealed (decision A) and a second decision is made (decision B) before the tribunal make their decision (decision C), decision B can be revised to take account of decision C.
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Reduced Earnings Allowance (REA) [SSCS (D&A) Regs 1999 3(7A)]
Where a decision on disablement benefit is revised or changed on appeal, any linked REA decision may be revised at any time
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Income Support and Pension Credit [SSCS (D&A) Regs 1999 3(7ZA)
Where the presence of a non-dependant in the household means that an IS claimant is not paid a severe disability premium or a PC claimant is not paid an additional amount for severe disability, the IS and PC decisions can be revised if the non-dependant is subsequently awarded benefit for a period which covers the original IS and PC awards.
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Incapacity Benefit, credits, Income Support – successful appeal [SSCS (D&A) Regs 1999 3(7B)]
Where reduced rate income support is paid (under reg 22A of the IS Regulations) pending the outcome of an appeal against an IB or credits decision, the IS decision can be revised where the appeal is successful or lapses.
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Incapacity Benefit, credits, Income Support – successful revision [SSCS (D&A) Regs 1999 3(7C)]
Where Income Support is terminated because the person is found capable of work but the latter determination is revised, the Income Support decision can be revised.
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Pension Credit and State Pension deferral [SSCS (D&A) Regs 1999 3(7D) & (7E)]
Where PC is paid taking into account a decision made on SP deferral and the latter decision is changed, the PC decision can be revised.
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Amendment of a contribution record [SSCS (D&A) Regs 1999 3(8C)]
Where a contribution record is amended retrospectively (ie contributions are added to an existing record) any decisions made under the old record may be revised.
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ESA where there is a failure determination [SSCS (D&A) Regs 1999 3(5C)]
Where an ESA award is superseded and reduced because someone fails to take part in a work-focussed health-related assessment or a work-focussed interview, that decision be revised if it contains an error to which the claimant did not contribute.
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ESA where a claim is made within six months of being found capable of work [SSCS (D&A) Regs 1999 3(5D)]
Where a person claims ESA within six months of being found capable of work, and is awarded ESA on the basis of medical certificates pending the application of the limited capability for work test, this decision can be revised at any time once the test has been passed.
What the Decision Maker can do where you have made an application for revision
- The Decision Maker can change the decision to award more or less benefit. You will be given a new decision with new dispute and appeal rights.
- The Decision Maker can confirm the existing decision, that is, not change it. You will be sent a notification explaining this. If appropriate, this will also explain that you can appeal against the original decision. If you can appeal you will be given one month from the date of this notification.
- If it is a late application which has not been accepted but the disputed decision is wrong, the Decision Maker will consider whether the decision can be revised under one of the other grounds, ie items III to XVII above. Otherwise the Decision Maker will supersede that decision but the new decision will only be effective from the date of the application to dispute the original decision. You will be given a new decision with new dispute and appeal rights. You may still be able to make a late appeal against the original decision. [SSCS (D&A) Regs 1999 6(5)]
