Official error of DLA award

Hello everyone,

I have learned a lot from the forum which has greatly been of benefit to me and those that I support in making claims to representing at tribunals including the UT. Thanks.

Have a lady with a 6 year old autistic boy. His autism and needs according to the assessment report seen are severe. Was awarded MRC and LM in a decision made on 07.09.2022. However, given the boy's need for attention through the night, it seems that he met the criteria of the HRC. Among others he is still in nappies which need to be checked and changed at least twice before being settled back to sleep.

Requested for a MR which was SENT on the 06.10.2023 and was received by the DWP on the 09.10.2023. The late request was refused because: "You sent your MR request on 09.10.2023, which is outside the absolute time limit. I do understand their point. However, was just wondering if the absolute time limit is considered when they received the MR as against when it was sent which is the 06.10.2023 with proof of posting.

Have been informed that if we disagree with the decision we can ask for an 'Any time Revision' if there was an official error. It is in identifying any possible grounds of official error that I would like some advice. I believe the decision maker applied the law incorrectly and that no rational officer looking at the evidence presented could possibly have made that decision - which constitutes an official error.

I have in the recent past had a DLA and a PIP decision overturned at the UT due to official error thanks to the information gathered here.

Any advice is very appreciated

Thanks Gary.