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

MR methods

benefitsadviser
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Sunderland West Advice Project

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Total Posts: 1003

Joined: 22 June 2010

Its friday and my brain has stopped. again.

Im asking about whether a change in regs/procedure has happened regarding Mandatory recons, or whether the DWP are just up to their usual obstructive behaviour.

Our local welfare rights service are fully booked for 5-6 weeks, and we have to refer clients to them.

Due to workload we are asking clients to call DWP and verbally start the mandatory reconsideration process, as we dont want to miss the 1 month deadline.

ive had a few this week telling me that the DWP are flatly refusing to accept a request to reconsider on the phone : they insist on it being in writing.

Are there any regs that support this? I just think they are being unnecessarily awkward

Thanks

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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They’re talking yarbles Billy.

The law does not specify how you must ask for a MR of a DWP benefit or child benefit decision. In practice, applications can be made in writing (by post or in person at a Jobcentre Plus office) or by telephone.

Ask CPAG Online - How do you apply for a MR?

Reg.3(1)(b) of the SS&CS;(D&A) Regs simply states that an “application” for revision is received by the SoS at an appropriate office, hence the lack of specificity.

Andrew Dutton
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Welfare rights service - Derbyshire County Council

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They’re also defying their own guidance - yet again. ‘All staff need to be aware that MRs can be accepted by phone and requests made by this route should be accepted without question’ - ‘Gatekeeper Memo’ March 2015.

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