Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 249 (AAC)

Fecha: 18-Feb-2025

Conclusions

Conclusion

105.

For the reasons given I conclude that the First-tier Tribunal Judge’s decision involved no error of any point of law. This is because:

(i)

The First-tier Tribunal and the Upper Tribunal has no jurisdiction to entertain an appeal against an unnotified revised entitlement decision.

(ii)

The Appellant does not have a right of appeal under section 12(1) of the 1998 Act against a refusal to revise recoverability decisions for official error.

(iii)

The refusal to revise the original decision was not a "decision" capable of re-setting the appeal time limit, falling out with the mandatory reconsideration regime.

(iv)

The Appellant was notified of the recoverability decisions in 2007 and had an opportunity to challenge them through a merits appeal at the time. There is no basis for an extension of time or other enlargement of her rights based on the claim of official error or non-notification of an antecedent entitlement revision decision.

(v)

Judicial review remains the proper mechanism to challenge refusal to revise for official error outside the statutory appeal pathway.

106.

Accordingly, I dismiss the appeal.

Authorised for issue on 28 July 2025

Michelle Brewer

Judge of the Upper Tribunal