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DWP refuse to do mandatory reconsideration how can I appeal?
- bromchis
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1 week 12 hours ago #301652 by bromchis
DWP refuse to do mandatory reconsideration how can I appeal? was created by bromchis
DWP refusing to do mandatory reconsideration. How can I appeal without the letter from them?
I was moved from ESA to UC, the first calculation was wrong as had no included transitional protection. The said had now applied the transition protection but I am still over £350 short of what I received into my account previously. After a lot of backwards and forwards I requested a MC in the contact log and requested information on how they calculated the figure as per the letter referenced by B&W.
This is the response I received:
Any request for transitional protection is not calculated based upon a decision which has been made by a human to award or not award Transitional Protection and thus cannot be appealed, transitional protection is calculated to ensure you receive at least as much as you were in receipt of on previous legacy benefits prior to your claim for UC, these payments automatically stop when your entitlement equals or exceeds your previous entitlement on other benefits,
How do I move forward?
I was moved from ESA to UC, the first calculation was wrong as had no included transitional protection. The said had now applied the transition protection but I am still over £350 short of what I received into my account previously. After a lot of backwards and forwards I requested a MC in the contact log and requested information on how they calculated the figure as per the letter referenced by B&W.
This is the response I received:
Any request for transitional protection is not calculated based upon a decision which has been made by a human to award or not award Transitional Protection and thus cannot be appealed, transitional protection is calculated to ensure you receive at least as much as you were in receipt of on previous legacy benefits prior to your claim for UC, these payments automatically stop when your entitlement equals or exceeds your previous entitlement on other benefits,
How do I move forward?
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- David
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1 week 11 hours ago #301658 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic DWP refuse to do mandatory reconsideration how can I appeal?
Hi bromchis
If you tell me the County/City that you live in I can find the correct manager to make a complaint.
You are being palmed off regardless of the official DWP policy quoted below-
TRANSITIONAL PROTECTION PAYMENT REVIEWS
If you disagree with your transitional protection payment calculations, you can request a mandatory reconsideration of your Universal Credit entitlement.
You can request a mandatory reconsideration when you receive your statement at the end of an assessment period.
Recalculations
Your transitional protection payment will only be recalculated following a decision to:
accept a request for a mandatory reconsideration
backdate your legacy benefits – for example, due to an appeal
update regulations that affect the calculation of the transitional protection payment
David
If you tell me the County/City that you live in I can find the correct manager to make a complaint.
You are being palmed off regardless of the official DWP policy quoted below-
TRANSITIONAL PROTECTION PAYMENT REVIEWS
If you disagree with your transitional protection payment calculations, you can request a mandatory reconsideration of your Universal Credit entitlement.
You can request a mandatory reconsideration when you receive your statement at the end of an assessment period.
Recalculations
Your transitional protection payment will only be recalculated following a decision to:
accept a request for a mandatory reconsideration
backdate your legacy benefits – for example, due to an appeal
update regulations that affect the calculation of the transitional protection payment
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bromchis
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1 week 11 hours ago #301663 by bromchis
Replied by bromchis on topic DWP refuse to do mandatory reconsideration how can I appeal?
Lewisham, London.
Should I now appeal in the CRMR1 form, as opposed to in my journal.
Thank you
Should I now appeal in the CRMR1 form, as opposed to in my journal.
Thank you
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- Chris
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1 week 11 hours ago #301664 by Chris
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Chris on topic DWP refuse to do mandatory reconsideration how can I appeal?
Hi bromchis,
Me personally, I'd use the form. It allows you to write your answers based on what they're asking on the form, rather than send a message, and no one follows it through.
Chris.
Me personally, I'd use the form. It allows you to write your answers based on what they're asking on the form, rather than send a message, and no one follows it through.
Chris.
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- David
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1 week 8 hours ago #301678 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic DWP refuse to do mandatory reconsideration how can I appeal?
Hi bromchis
No don't use the form as the UC agent has just told you in writing that the decision cannot be appealed. So you need to complain to a manager.
The manager for the Lewisham area is Dave Keogh and his email address is This email address is being protected from spambots. You need JavaScript enabled to view it.
You can quote the DWP official guidance here
www.gov.uk/guidance/transitional-protect...ration-notice-letter
that states you can request a Mandatory Reconsideration.
Then give the reasons why the DWP have made a mistake.
Let me know how you get on.
David
No don't use the form as the UC agent has just told you in writing that the decision cannot be appealed. So you need to complain to a manager.
The manager for the Lewisham area is Dave Keogh and his email address is This email address is being protected from spambots. You need JavaScript enabled to view it.
You can quote the DWP official guidance here
www.gov.uk/guidance/transitional-protect...ration-notice-letter
that states you can request a Mandatory Reconsideration.
Then give the reasons why the DWP have made a mistake.
Let me know how you get on.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: bromchis, graham526
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