Appeals, Mandatory Reconsideration and Tribunals DWP

[Kati]

For the past couple of months I have been helping someone to appeal against a decision made by the jobcentre. The appeals process was changed in late 2013 in an attempt to 'streamline' it and there are now set stages that you have to go through. https://www.gov.uk/social-security-c...bunal/overview

STEP 1: Ask the DWP for a Mandatory Reconsideration

You must ask for mandatory reconsideration within a month of the date of a decision about:

• Attendance Allowance
• Bereavement Allowance
• Carer’s Allowance
• Child Benefit
• child maintenance (sometimes known as ‘child support’)
• Compensation Recovery Scheme (including NHS recovery claims) - contact the Compensation Recovery Unit before you appeal to the tribunal
• Diffuse Mesotheliomia Payment Scheme
• Disability Living Allowance
• Employment Support Allowance (ESA)
• Funeral Payments
• Guardian’s Allowance
• Income Support
• Industrial Injuries Disablement Benefit
• Jobseeker’s Allowance (JSA)
• Maternity Allowance
• Pension Credit
• Personal Independence Payment (PIP)
• Sure Start Maternity Grant
• tax credits
• Universal Credit
• Vaccine Damage Payment
• Winter Fuel Payment

You usually cannot appeal to the tribunal until this has been done!!
A MR needs to be submitted within one month of the letter telling you of the decision. Although you do get an extra two weeks leeway if you request a "Statement of Reasons" behind their decision.

I would suggest that ANYONE wanting to appeal a DWP decision asks for the SoR (have you ever seen a decision letter from the DWP?? They are really hard to understand and never give you the reasons behind their decision :tinysmile_aha_t

Ask for mandatory reconsideration

Write to the department that gave you the decision and say you want a mandatory reconsideration - the address is on your decision letter.
You must explain why you think the decision is wrong and include any evidence you have to support this.
If the decision is about Child Benefit or Guardian’s Allowance, fill in form CH24A or phone HMRC.
There’s a different way to ask for a mandatory reconsideration for tax credits.
Call the phone number on your decision letter first if you’re asking for a mandatory reconsideration more than one month after the date of the decision.

What happens next

Your original decision will be reconsidered - you’ll get a ‘mandatory reconsideration notice’ telling you whether the decision’s been changed. You can appeal to the tribunal if you’re still not satisfied - you must do this within one month of the date of your mandatory reconsideration notice.

STEP 2: If you are still not happy with the decision, it is time to appeal to the tribunal. Again ... this must (usually) be within one month of the date of the MR notice, although late appeals will be considered (up to 13mths after this date).

For most benefits, you must fill in form SSCS1. Otherwise, use the right form for the type of benefit you’re appealing.

Child maintenance	SSCS2
Tax credits, Child Benefit, Guardian’s Allowance	SSCS5
Compensation Recovery Scheme	SSCS3
NHS charges under the Compensation Recovery Scheme	SSCS4
If you didn’t have to get mandatory reconsideration	GL24

Read the guidance for information on how to appeal:

• SSCS1A if you’re appealing a decision made by Department for Work and Pensions (DWP)
• SSCS5A if you’re appealing a decision made by HM Revenue and Customs (HMRC)
• SSCS6A if you’re appealing a decision about the Diffuse Mesotheliomia Payment Scheme

You must explain why you think the decision is wrong and include any evidence you have to support this.

Send your form and a copy of your mandatory reconsideration notice (if you have one) to the address on the form. You can also appeal by writing a letter.

Late appeals

You must say why your appeal’s late when you appeal. You can sometimes appeal up to 13 months after the date of the original decision, eg if you were:

• ill or in hospital
• coping with bereavement
• unable to send your appeal form, eg because of a postal strike

The tribunal will contact the other party - they can object to late appeals. The tribunal will then decide if the appeal can be heard.

You get to choose whether you want a hearing or if you just want the appeal to be decided using your (provided) evidence.

You must choose whether:

• you want to go to a hearing - you’ll be able to present your case to a tribunal
• you want your appeal decided on your application form and supporting documents

If you want to go to a hearing you must say whether:

• you have a representative who’ll be at the hearing
• you need an interpreter
• you need any special arrangements, eg because of mobility or other health issues
• there are any days when you can’t make the hearing

What Happens Next?

Your application will be sent to the other party - they’ll be asked to respond. You’ll be sent the response, and you must bring it with you to the hearing.The tribunal will then write to you with a hearing date. The hearing will usually take place at the nearest tribunal to where you live.
You must send your evidence to the tribunal as soon as you can before the hearing so it can be sent to all parties. More information will be on the letter you get confirming your hearing date.

Change your hearing date
Write to the tribunal to see if you can change the hearing date if you’re unable to attend - the address is on the letter confirming your hearing date. The tribunal will make a decision and let you know.

[Kati]

Re: Appeals, Mandatory Reconsideration and Tribunals DWP

the hearing:

at the hearing you (and anyone you’ve brought to take part in the hearing) may be asked questions by:

• your representative (if you have one), eg a lawyer, friend, family member or someone from an advice centre
• the government department or council’s representative (known as the ‘presenting officer’)
• a panel of experts - who they are depends on what the case is about
• the judge

the tribunal will provide you with an interpreter if you’ve asked for one. They can translate what happens during the hearing but they can’t represent you or give you legal advice.

You can claim expenses for attending a hearing:

You may be able to claim for reasonable expenses for going to the tribunal, eg:

• travel expenses to cover your fare if you get there using public transport
• travel expenses of 12p per mile if you drive, plus 2p per mile for up to 2 passengers
• meals - £4.25 if you’re away for more than 5 hours, £9.30 for more than 10 hours or £13.55 for more than 12 hours
• loss of earnings - £37.06 if you’re away from work for up to 4 hours or £71.80 for 4 hours or more
• care expenses up to the National Minimum Wage, eg for a childminder

The clerk will help you fill in a claim form when you go to the hearing. Contact the tribunal before the hearing if you need help.
Make sure you take:

• receipts
• a letter from your employer for loss of earnings

[Kati]

Re: Appeals, Mandatory Reconsideration and Tribunals DWP

The Tribunal's Decision:

You’ll get the decision either:

• at the hearing
• by post

If you’re unhappy with the decision
You may be able to:

• get a decision ‘set aside’
• appeal to the Upper Tribunal (Administrative Appeals Chamber)

Your decision letter has more information.

Get a decision set aside
You’ll be told how to get a decision ‘set aside’ (cancelled) if you think there’s been a mistake in the process.

Appeal to the Upper Tribunal Administrative Appeals Chamber
You can only appeal to the Upper Tribunal (Administrative Appeals Chamber) if you think the decision was wrong for a legal reason, eg if the tribunal didn’t:

• give proper reasons for its decision, or back up the decision with facts
• apply the law properly

You must then follow 3 steps.

• Ask the Social Security and Child Support Tribunal for full written reasons (known as a ‘statement of reasons’) within one month of the date of the decision. The decision letter will tell you how to do this.
• Ask the Social Security and Child Support Tribunal for permission to appeal to the Upper Tribunal (Administrative Appeals Chamber).
• If the Social Security and Child Support Tribunal refuses, ask the Upper Tribunal (Administrative Appeals Chamber) for permission to appeal.

- - - Updated - - -

There is set legislation that the "First Tier" tribunal has to follow in order to come to its decision (see attachment)

[FlamingParrot]

Re: Appeals, Mandatory Reconsideration and Tribunals DWP

I would suggest that ANYONE wanting to appeal a DWP decision asks for the SoR (have you ever seen a decision letter from the DWP?? They are really hard to understand and never give you the reasons behind their decision :tinysmile_aha_t

Indeed, a friend of mine had one that read: "We cannot pay you JSA after xxxx date, the reason for this decision is as shown overleaf" or something to that effect. Then the reason quoted was "you have more income coming in than the law says you need to live on". Sounds fair enough so far, however, the date after which the claimant would allegedly have more money coming in than the law says was several months in the future! This was a claim for means tested (income based) benefit not a contributions based one. Made no sense whatsoever. When questioned, the regional processing centre said it the letters were "sent out with the wrong code".

[des8]

Re: Appeals, Mandatory Reconsideration and Tribunals DWP

Re SoR ; been there, done that, got the T shirt (for a daughter)

[Kati]

Re: Appeals, Mandatory Reconsideration and Tribunals DWP

Indeed, a friend of mine had one that read: "We cannot pay you JSA after xxxx date, the reason for this decision is as shown overleaf" or something to that effect. Then the reason quoted was "you have more income coming in than the law says you need to live on". Sounds fair enough so far, however, the date after which the claimant would allegedly have more money coming in than the law says was several months in the future! This was a claim for means tested (income based) benefit not a contributions based one. Made no sense whatsoever. When questioned, the regional processing centre said it the letters were "sent out with the wrong code".

I'm just sorting out the first tribunal appeal for the one I'm helping with I've got a copy of the MR notice sat in front of me ...

We have not changed our decision.

A sanction has been imposed for the period XXXXXXX to XXXXXX (both dates included) because you failed, without good reason, to take part in the CWP and the Schemes for Assisting Persons to Obtain Employment on XXXXXX.

Good reason includes any facts that would probably have caused a reasonable person to act in the way you did.

Now ... I know for a fact that the sanction was wrongfully applied. The first letter I helped with was asking for the start of the CWP placement to be set back for a week to enable them to finish the project they were working on as a volunteer. They did not refuse to attend, just requested a later start date

As they were already volunteering, they shouldn't have been put forward for CWP in the first place - section 7.7 of the linked legislation (http://www.legislation.gov.uk/uksi/2...0132584_en.pdf) states

7.7.CWP is aimed at long-term unemployed claimants whose key barrier to work is a lack of work experience or motivation, and is designed to enhance their CV, employability skills, and motivation.

There was no lack of either work experience OR motivation at all, and they are educated to degree level (with a 37pg CV that can be changed/shortened to suit any circumstances/jobs)
They were also over the 8wk maximum time limit after completing the Work Programme that is allowed for referrals (http://https://www.whatdotheyknow.co...%2002%2023.pdf)

[Kati]

Re: Appeals, Mandatory Reconsideration and Tribunals DWP

Re SoR ; been there, done that, got the T shirt (for a daughter)

It still doesn't really explain much does it