Hi all

I have posted on this before but urgently require an update as to whether DWP are withdrawing WSOR?

I have been informed today by a Disability Benefits Centre that the Decision Maker's are informed they only need to issue WSOR for children, terminal illness cases and AA claims!!

They insist it is DWP national guidance (?) - I am challenging this but all advice very much appreciated!

Thanks

Liz

Hi Liz

I don’t care what their guidance says but until regulation 28 of The Social Security and Child Support (Decisions and Appeals) Regulations 1999 is amended or repealed then the regulation overrules them.

Notice of decision against which appeal lies
28. - (1) A person with a right of appeal under the Act or these Regulations against any decision of the Secretary of State (or the board or an officer of the board) shall -
(a) be given written notice of the decision against which the appeal lies;

(b) be informed that, in a case where that written notice does not include a statement of the reasons for that decision, he may, within one month of the date of notification of that decision, request that the Secretary of State (or the board or an officer of the board) provide him with a written statement of the reasons for that decision; and

(c) be given written notice of his right of appeal against that decision.

(2) Where a written statement of the reasons for the decision is not included in the written notice of the decision and is requested under paragraph (1)(b), the Secretary of State shall provide (or the board or an officer of the board) that statement within 14 days of receipt of the request (or a soon as practicable afterwards).

The problem is that their DLA decisions these days do include a brief statement of reasons. The reasons can be inadequate and do not necessarily reflect the law but that is another matter, however the commentary to the regulation says “it is arguable that a statement of reasons only counts as such for the purpose of sub-para (b) if it is adequate but the adequacy of a statement of reasons is very much a matter of judgement and depends on the issues arising in the particular case”.

Regards
Paul