PH and SM v Secretary of State for Work and Pensions (DLA)(JSA): [2018] UKUT 404 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Poole on 23 November 2018

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 19 December 2018

• Categories: Tribunal procedure and practice
• Sub-categories: Tribunal procedure and practice - tribunal jurisdiction
• Judges: Poole, AI
• Decision date: 23 November 2018

Read the full decision in CSDLA/375/2016 and CSJSA/513/2016.

Judicial Summary

These cases concern the question of whether a claimant has a right of appeal where a request for mandatory reconsideration was made after the maximum period of 13 months. They decide that:

1. In cases where a request for mandatory reconsideration was made after the maximum period of 13 months from the original decision, the tribunal has jurisdiction to hear an appeal only in limited categories of cases (principally where the substance of the mandatory reconsideration request is official error). In other cases there is no jurisdiction, and the cases should be struck out under Rule 8(2) of the Tribunal Rules.

2. In cases where the tribunal has jurisdiction, then a claimant must also comply with the limitation periods in the Tribunal Rules. In cases subject to mandatory reconsideration, the appeal should be brought within one month of the date of notification of the result of mandatory reconsideration to the claimant, unless the tribunal grants an extension (the maximum period of extension being 13 months from the date of notification of the result of mandatory reconsideration).

Published 19 December 2018