When can I bring a claim for Judicial Review in relation to welfare benefit cases?
The following are examples of cases where a claim for Judicial Review is appropriate: Public law challenges. This is where a challenge is brought to legislation or a policy that is considered to be unlawful. Recent examples of this include challenges to the “bedroom tax” and the “benefit cap”. Decisions where there is no right of appeal to the First Tier Tribunal. These include: A failure or refusal to carry out a mandatory reconsideration of a decision; A decision to suspend (as opposed to terminate) a payment of benefit; Whether or not to waive recovery of an overpayment; A refusal to carry out an “any time” revision. In certain circumstances a benefit authority can consider revising a decision even where the normal time limit for an appeal has passed (13 months). If the benefit authority refuses to carry out an anytime revision then this can only be challenged by way of Judicial Review. Refusal of by the Upper Tribunal to grant permission to appeal from the First Tier Tribunal Interim decisions by a First Tier Tribunal judge. A Judicial Review to the Upper Tribunal can be brought against interim decisions of the First Tier Tribunal Judge regarding the case management of the appeal under the Tribunal’s procedure rules. There is no specific right of appeal to do this, so Judicial Review before the Upper Tribunal is the only option to effectively challenge an interim decision.