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Refusal to grant a mandatory reconsideration.
- bromchis
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1 week 11 hours ago #301659 by bromchis
Refusal to grant a mandatory reconsideration. was created by bromchis
I was transferred from UC to ESA. The first calculation was wrong as had failed to include the transitional protection. They recalculated by payment still wrong, as I was still over £300 short of the payments I received under ESA. I requested a recalculation and an explanation. After almost a month of not receiving a proper response, I requested a mandatory reconsideration in my UC log. They failed to acknowledge it, I then rang the UC phone number to urge a response.
This is the response I received in my log:
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 can it not be appealed? How would I can I go to panel without a proper MC letter? How should I proceed?
This is the response I received in my log:
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 can it not be appealed? How would I can I go to panel without a proper MC letter? How should I proceed?
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- David
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6 days 16 hours ago #301718 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Refusal to grant a mandatory reconsideration.
Hi bromchis
As I previously said you need to escalate to a manager as the UC agent is not following DWP policy on a Mandatory Reconsideration regarding TP.
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
As I previously said you need to escalate to a manager as the UC agent is not following DWP policy on a Mandatory Reconsideration regarding TP.
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
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