Revisions
The rules for revisions are set out in section 9 of the Social Security Act 1998 and the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 (SI.No.381/2013).
NB: See below for equivalent legislation in Northern Ireland.
Service of documents |
Regulations 3 and 4 of SI.No.381/2013 |
Sets out rules for when documents are treated as received by the Secretary of State and in relation to electronic communications. |
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Revision on any grounds |
Regulation 5 of SI.No.381/2013 |
Sets out the time limits for submitting an any grounds revision. |
| Regulation 38(4) of SI.No.381/2013 |
Sets out that in cases of correction of accidental errors, no account is taken of the time prior to issue of notice of the correction in calculating the time to submit an any grounds revision. |
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| Regulation 6 of SI.No.381/2013 |
Sets out the conditions for accepting a late application for revision on any grounds. |
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| Regulation 7 of SI.No.381/2013 |
Sets out the requirement for claimants to seek a mandatory reconsideration before an appeal can be made. |
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Revision at any time |
Regulation 9 of SI.No.381/2013 |
Sets out that a revision can be carried out at any time on grounds of official error or mistake about or ignorance of facts. |
| Regulation 10 of SI.No.381/2013 |
Provides for a revision to be carried out on specified decisions against which no appeal lies. |
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| Regulation 11 of SI.No.381/2013 |
Provides for a revision to be carried out on certain decisions that are subject to appeal. |
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| Regulation 12 of SI.No.381/2013 |
Provides for revisions in cases involving awards of a qualifying benefit. |
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| Regulation 13 of SI.No.381/2013 |
Sets out when a revision can be undertaken in relation to an advance award. |
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| Regulation 14 of SI.No.381/2013 |
Provides for revisions in sanctions cases including universal credit higher level sanction decisions. |
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| Regulation 19 of SI.No.381/2013 |
Provides for revisions where the decision relates to a benefit cap reduction or adopts a rent officer determination and a new determination increases the rent figure used in calculating housing costs element. |
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Applications for revisions |
Regulation 20 of SI.No.381/2013 |
Sets out the procedure for making an application and time limits for providing further information if requested. |
| Section 9(2) of the Social Security Act 1998 |
Provides that a decision maker need not consider issues not raised in an application. |
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| Regulation 21 of SI.No.381/2013 |
Sets out effective dates for revision in cases where original decision date is wrong. |
In Northern Ireland, SR.No.221/2016 makes provision in relation to payments that is largely equivalent to that in Great Britain.
Further explanation of the legislation is set out in guidance. Please note, however, guidance is not binding and cannot override the legislation.
Advice for decision making |
Includes guidance on revisions for benefits under the universal credit system. |
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DWP guidance from parliament.uk |
Sets out guidance for DWP staff on revision and mandatory reconsiderations. |
Case law provides further interpretation of the legislation and establishes legal precedent.
Upper Tribunal |
Universal credit claimant’s failure to re-verify his identity did not give rise to overpayment from start of claim |
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