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RTI dispute (and subsequent appeal rights) - any time limits?
I’ve discovered an error in the earnings figures used in a client’s UC claim going back several years (pension contributions not being deducted).
I understand that there are no appeal rights yet but looking at reg 41 of the D&A regs - specifically 41(3) am I right in thinking that we can lodge a RTI dispute in relation to all the assessment periods in question? & then if RTI dispute does not resolve the issue, this would force a decision that does carry appeal rights and can go right back to when the problem started several years ago?
The DWP say that’s the route to take.
I am however, minded to direct you to something written, oh, some 5 years ago on this issue, and which sadly still remains the case.
From CPAG’s Computer Says No: Challenging Decisions report at p20:
The law is clear that the DWP can make a decision that does not use the real-time information feed in certain circumstances. [see Regulation 61 of the Universal Credit Regulations 2013] The real-time information dispute process should be an investigation to see whether these circumstances apply in individual cases. A request for a mandatory reconsideration is a separate process that claimants are entitled to pursue regardless of whether a real-time information dispute process is ongoing, and claimants should not be directed to this as their only option…
‘The DWP persists in refusing to change UC award decisions until the real-time information dispute process has been exhausted, even where documentary evidence has been provided by claimants demonstrating the earnings information is inaccurate. The DWP notes that the documents provided by claimants do not always contain sufficient detail (e.g. bank statements only or payslips that are not clear). The DWP has not so far acknowledged a claimant’s right to mandatory reconsideration and appeal in these circumstances but does state that a decision maker may make a new entitlement decision based on the claimant’s information, in circumstances where the disputes process has been exhausted and the claimant has provided pay/wage slip information and no information has been received from their employer.’
The DWP say that’s the route to take.
I am however, minded to direct you to something written, oh, some 5 years ago on this issue, and which sadly still remains the case.
From CPAG’s Computer Says No: Challenging Decisions report at p20:
The law is clear that the DWP can make a decision that does not use the real-time information feed in certain circumstances. [see Regulation 61 of the Universal Credit Regulations 2013] The real-time information dispute process should be an investigation to see whether these circumstances apply in individual cases. A request for a mandatory reconsideration is a separate process that claimants are entitled to pursue regardless of whether a real-time information dispute process is ongoing, and claimants should not be directed to this as their only option…
‘The DWP persists in refusing to change UC award decisions until the real-time information dispute process has been exhausted, even where documentary evidence has been provided by claimants demonstrating the earnings information is inaccurate. The DWP notes that the documents provided by claimants do not always contain sufficient detail (e.g. bank statements only or payslips that are not clear). The DWP has not so far acknowledged a claimant’s right to mandatory reconsideration and appeal in these circumstances but does state that a decision maker may make a new entitlement decision based on the claimant’s information, in circumstances where the disputes process has been exhausted and the claimant has provided pay/wage slip information and no information has been received from their employer.’
Thanks Kelly - link is broken in your message but I found the report @ https://cpag.org.uk/sites/default/files/2023-08/Computer%20says%20%27No%21%27%20-%20Stage%20two-%20challenging%20decisions.pdf and that’s exactly what I was needing to hear.