Double MR - is it possible?

Client was iro PIP, but refused on renewal. Did MR and refused again in March and worn out by the process, did nothing further.

Now seeking advice, I’m wondering whether, rather than trying to get late appeal admitted, we could submit late MR with adviser assistance this time around and if that is refused, whether on substantive grounds or a refusal to admit, that decision brings it’s own appeal rights for an in-time appeal?

I’ve got a feeling this may not be possible but can’t put my finger on why. Is this caught by the finality of decisions provisions because we’re asking for a new decision on a revision application that has already been decided?

Or if we were coming back with new information and evidence, would that mean we could seek a new decision?

Any thoughts?

Short answer is no.

Longer answer. A request for revision can be made on any grounds within a month (reg 5 D&A). The time limit for making that request can be extended by a further 12 months (reg 6). Where MR applies, the right of appeal does not arise unless the SSWP has considered on an application whether to revise (reg 7). The time limit for appeal is one month from the date on which the appellant was sent the MRN and this deadline may not be extended beyond 12 months (SEC rule 22). The right of appeal crystallises when the MRN condition is met by the MRN being issued and, whilst there is nothing to stop you making a further request for any grounds revision, that would not reset the appeal deadline.

Honestly, I wouldn’t stress out too much about late appeals as it is very unusual for DWP to object to them and they tend to just be admitted in default of objection.

Thanks Elliot, I had a feeling I was barking up the wrong tree here. That’s very clear.

Within the month you can do as many MRs as you wish but you still have the appeal issue. However, it’s been more than a decade since DWP objected to any late appeal I’ve been involved in so I think provided your case has obvious merits you shouldn’t really have an issue.

Thanks Mike, have advised our adviser to get the late appeal in asap and we’ll see what happens, fingers crossed.