Mandatory reconsideration if successful MR

Hello Hvgiffard,

I can see the logic of what you are saying but to the best of my knowledge it is not possible to have more than one MR, although I suppose if you were to suddenly come across some new and amazingly conclusive evidence you could always ask.

There is another, not well known, part of the appeals process. After you have submitted your papers to the Courts and Tribunal service they send copies of everything to the DWP. Sometimes at this stage the DWP will offer you a revised award without the tribunal making a decision.

I know that these threads are read by not only our members who claim benefits but also other advisors, our own mod team and often the all knowledgable Gordon. So I will be watching it in case someone comes back and tells me I am wrong!

Catherine

Hi Hvgiffard,
This is an area where there has been a lot of controversy over the approach taken by DWP. Claimants need to be careful that they fully understand what will happen, and not to be pressurized by DWP.

If you disagree with the initial decision, then you can ask for MR. If you still disagree then you can appeal to the tribunal. Catherine is right, that when the appeal is lodged DWP is obliged to look at the papers again, to see if they can change the decision in any way. This happens quite frequently. Often new evidence comes to light with the appeal, or perhaps having read the same evidence by now three or four times, it finally sinks in, and DWP change their decision!
If you have already put in the appeal, then unless you do something the appeal will lapse. If you have been given the correct amount of benefit then there is no need to continue to appeal, but it could still be that for example, you now have enhanced daily living, but no mobility award. So, you can continue with the appeal to try and achieve the other component.

If you don't contact the tribunal, usually within 28 days of the revised 'offer' then the appeal will normally lapse, which means the appeal gets cancelled because it is no longer necessary. If you don't accept the offer, then it is important to contact the tribunal as the appeal can then continue in the ordinary way.

DWP do have a duty to look at the appeal evidence when it is lodged, and also have a power to make an 'any time revision'. The any time revision can be made at any time, not just at MR or appeal. If DWP are aware of further evidence, or something that has happened, such as recent caselaw etc, or may be become aware that they have made a previous mistake then they can revise the decision, of their own volition, or the claimant can ask.

after an appeal is made to the tribunal, as described in the previous posts. This can be quite a grey area for the claimant.

It is tempting to accept an offer, after all it might mean a benefit award right now! Very tempting indeed, especially if you haven't had an award of PIP, and have been waiting a long time, and are nervous about the tribunal hearing.. However, be wary. As stated above, the offer may not be the correct level of benefit. Moreover, there is a really good chance of success at the tribunal. Also, sometimes DWP state that the 'offer' is all or nothing. There is sometimes a lot of pressure on the claimant, and it is not always made clear that there is still a right of appeal.
There is currently a case for judicial review at the High Court - it is due to be heard shortly. The High Court will need to decide if DWP have to actually change their decision if they believe that a higher award is the correct one. This can mean that the appellant gets payment now, but the downside is by law the appeal has to lapse, and then it gets really complicated if you still want to appeal the decision, and then worse still, which decision do you actually appeal, the original one, or the new revised one?
This is why, at present DWP make the so-called ‘offer’. The Parliamentary Guidance suggests that the claimant should be called and made fully aware of the reasons for the ‘offer’ and that there is a right of appeal. If the claimant is represented the representative should also be made aware and the claimant should discuss the ‘offer’. DWP shouldn’t try to coerce, and certainly shouldn’t try and get vulnerable claimants eg people with autism or learning difficulties to accept when clearly they may have little understanding.

If DWP make an ‘offer’ which is refused, and you want to go ahead with the appeal, then DWP should make the tribunal aware of their new opinions. The tribunal do not have to accept the ‘offer’ and can make their own view, but it seems likely that if the tribunal are minded to make an award lower than the DWP ‘offer’ it should announce this very clearly, and warn the claimant early in the proceedings.

The outcome of the High Court may change how DWP make ‘offers’ etc after an appeal is lodged. However, as with many things related to benefits, claimants need to fully aware of the consequences and seek advice where possible to ensure that they do not agree to something that will adversely affect their claim or cause more delay if the original appeal lapses.
I hope this helps to clarify a tricky area.

LL26