Difficulties in obtaining WSORs

I can imagine DMs are dreading receiving requests for WSOR. I also imagine that if coherent and personalised reasons were included in a decision notice, we would not have to ask for WSOR. And I have a feeling that fewer decisions nowadays include proper reasons. The gibberish which I usually find makes me nauseous.
I attach here two recent responses I received when I asked for reasons.
I despair.

Are DWP required to provide a written statement of reasons for a refusal to revise?

A refusal to revise (I am assuming you mean MRN) is a “decision”. I think every decision should carry reasons, and if they do not, claimant should be able to ask for them.
ADM A1130 gives impression that they should: “The DM must supply the statement within 14 days of receiving the request or as soon as practicable afterwards”
And there is DWP’s internal guidance which certainly recommends it: https://data.parliament.uk/DepositedPapers/Files/DEP2023-0791/100._Mandatory_Reconsiderations_V12.0.pdf

Charles - 03 January 2024 12:34 PM

Are DWP required to provide a written statement of reasons for a refusal to revise?

Reg.3ZA(4) of the D&A regs states:

(4) Where written reasons are requested under paragraph (3)(b), the Secretary of State must provide them within 14 days of receipt of the request or as soon as practicable afterwards.

Reg.28 of the same regs states:

(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 [F1or the Board or an officer of the Board] shall provide that statement within 14 days of receipt of the request [F2or as soon as practicable afterwards.]

So for both initial decision when requesting an MR or when looking to appeal an MR decision, then yes the DWP are required to provide written reasons for the decision as far as I can see.

Jo_Smith - 03 January 2024 12:43 PM

A refusal to revise (I am assuming you mean MRN) is a “decision”. I think every decision should carry reasons, and if they do not, claimant should be able to ask for them.
ADM A1130 gives impression that they should: “The DM must supply the statement within 14 days of receiving the request or as soon as practicable afterwards”
And there is DWP’s internal guidance which certainly recommends it: https://data.parliament.uk/DepositedPapers/Files/DEP2023-0791/100._Mandatory_Reconsiderations_V12.0.pdf

But I think both of those refer to the original decision, not the later refusal to revise, no?

Reg.7 and Reg.51, which are the statutory sources for written reasons, are both referring to the original decision.

Paul_Treloar_AgeUK - 03 January 2024 12:47 PM

Charles - 03 January 2024 12:34 PM

Are DWP required to provide a written statement of reasons for a refusal to revise?

Reg.3ZA(4) of the D&A regs states:

(4) Where written reasons are requested under paragraph (3)(b), the Secretary of State must provide them within 14 days of receipt of the request or as soon as practicable afterwards.

Reg.28 of the same regs states:

(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 [F1or the Board or an officer of the Board] shall provide that statement within 14 days of receipt of the request [F2or as soon as practicable afterwards.]

So for both initial decision when requesting an MR or when looking to appeal an MR decision, then yes the DWP are required to provide written reasons for the decision as far as I can see.

An appeal is made against the original decision, not the refusal to revise. I don’t think there is a requirement to provide reasons for a refusal to revise.

The right to request written reasons is in relation to a decision. A refusal to revise is not a decision, so there is no right to request reasons. (See ADM A1133 on this)

The right in any event only exists where no reasons at all are given for the decision, as opposed to those reasons being brief or unsatisfactory. I don’t think I have ever seen an MRN which contains no reasons at all so as to engage any right to reasons in any case.

My understanding, for UC, is that written reasons are put onto the system in all cases where a decision maker makes a decision (as opposed to those decisions which are made by case managers) and that there are versions of decision letters which either do or do not incorporate those reasons. Where reasons are requested, I believe that they just send the longer version of the letter.

Elliot Kent - 03 January 2024 01:02 PM

The right to request written reasons is in relation to a decision. A refusal to revise is not a decision, so there is no right to request reasons. (See ADM A1133 on this)

The right in any event only exists where no reasons at all are given for the decision, as opposed to those reasons being brief or unsatisfactory. I don’t think I have ever seen an MRN which contains no reasons at all so as to engage any right to reasons in any case.

I never knew that refusal to revise is not a decision. Very interesting.

However, I regularly ask for statement of reasons as frequently the reasons given are so limited or incoherent that it is difficult to formulate an appeal statement which addresses the right issues.

See for example the attached “reasons”- this is why I asked for WSOR in this case, because I have no idea what happened there! That is all my client was given in his MRN. So how do I go about requesting an explanation, having had my request refused twice.

The document you’ve attached isn’t a refusal to revise after all, it’s notification of a favourable revision to the existing overpayment decision (so there is a right to reasons - see ADM A1132).

By the sounds of it, whatever points were made about the benefit cap have been accepted with the result that the overpayment has been reduced. Presumably your client doesn’t intend to disagree with that aspect.

I would just put an appeal in. It’s an overpayment case and the DWP has the burden of justifying the decision.

Elliot Kent - 03 January 2024 03:00 PM

The document you’ve attached isn’t a refusal to revise after all, it’s notification of a favourable revision to the existing overpayment decision (so there is a right to reasons - see ADM A1132).

Yes, this particular decision was not a refusal. DWP accepted our arguments and overturned initial decision. I asked for WSOR because the issue was complex (re-adjustment of APs following successful appeal) and I wanted to fully understand what they did and why, in order to be able to advise client.

This whole incident was useful though.
So refusal to revise (i.e. MRN that upholds original decision) = not a decision so not entitlement to WSOR.
Original decision = WSOR can be requested.
LOL and I WSOR’ed MRNs for maaany happy years before I found out that I wasn’t supposed to :D
And was getting replies from DMs!