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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Rejected MR issue

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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I’ve come across a new MR twist and am flagging it up in case I’m missing a trick (and to see if anyone has encountered similar).

DWP has returned an MR request & evidence submitted on behalf of a client with an obviously template letter which reads as follows:

‘TO.

Mandatory Reconsideration Request

Please find attached MR1 which was sent to (Site) DRT, we have returned the MR1 back to you as we are now unable to accept any MR1’s without the relevant paperwork used to make the original decision.

Once the relevant paperwork used to make the original decision has been located, please link with the MR1 and return back.

Thank you

Admin Team (Site) DRT’

I’m presuming (I hope!) that this is actually an internal template letter (and that the MR request has been returned to us in error when it should have been shunted around between two in-house departments) as I can’t think of anything I have seen or heard which would indicate MR requests now can’t be accepted unless the relevant decision/paperwork is included. What makes it all the more infuriating is that this is one of those cases where the DWP has already applied ‘extra layer syndrome’ (client’s claim was rejected on basis he had no LCW, he asked for the decision to be looked at again, they did so and issued further negative decision and told him he must request MR if he disagreed with it- we should really already be at the appeals stage) and this has just added an additional delay.

I’ve written back (and incorporated complaint) but would be interested in opinions/thoughts from you lovely lot….I’m not missing anything am I??

Paul_Treloar_CPAG
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Sounds like another example of MR operational ineptitude by DWP quite frankly.

We’ve tried to break down the legislation and guidance in relation to MR’s here Pursuing a Mandatory Reconsideration

In particular, note the legislation governing MR’s which is in the section “What does the law say” which is clear that an MR is essentially a revision request dealt with under reg.3ZA SSCS (D&A) Regs 1999 and also the guidance referred to under “What are the grounds for MR” and specifically paras.03012 et seq of the DMG which I think couldn’t be clearer in showing why DWP are, as seems to be often the case with MR, completely wrong here.

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Thank you Paul- much appreciated….

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Update (and credit where credit is due).

An extremely helpful officer from the DWP Parliamentary Team rang me and the issue is now resolved. As I hoped, the template letter was an internal memo. In summary, following the MR request, the decision had been briefly revisited at the original section, hadn’t been immediately revised so was then sent to the office currently dealing with local MR’s but without the relevant paperwork (hence the section concerned sent it back to the original office- except they sent it to me in error).  Office A had also issued a ‘revision’ decision to client (when they shouldn’t have done) which added to the confusion. Anyway, looks like client will recieve a special payment. Let’s just hope the MR is successful too.

Anyway, thought I would share….

Paul_Treloar_CPAG
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ta, good work.

Peter Turville
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However it does again illustrate the additional preliminary 3rd stage ‘informal revision’ stage (however brief) DWP claim not to have introduced (see thread elsewhere) into the MR & appeal process which can add to the delay in getting a decision (particularly when they can’t get the admin right!).

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Yes, indeed Peter- it does. I was interested in that too. What she said was that the original section briefly revisits the decision to see if there is some glaring factor which means it can instantly be revised and only if not do they forward it to whatever office is dealing with MR’s. Client shouldn’t have been sent a ‘decision’  letter at this stage but was.

It’s clearly the standard procedure locally at least.

Peter Turville
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So the question for the DWP:

When is a ‘brief revision’ not a revison that requires a written decision notice in the form of a MRN?  If this practice is not a revision, what is it and what is the legal basis for it? If there is no statutory basis why is it done? If a DM looks at a decision again s/he is either conducting a revision or wasting everbodies time.

Are we back in the realms of ‘cerebal reconsiderations’ that we used to see in DLA submissions? Or perhaps the DWP still don’t understand the legislation (that old classic - we don’t have to follow the legisaltion, we follow our guidance?).

Daphne
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Here is the thread Peter is referring to - http://www.rightsnet.org.uk/forums/viewthread/6906/