Pension Credit MR

Hi

I’ve been helping a client with regards to back pay for PC. As we were not getting anywhere with phoning them up we lodged an MR on their decision.

We have now received a letter back from them stating they are not changing their minds, however, it says we must do an MR on this decision before appeal it at Tribunal - Have I not already done this??

It even says “We have looked again at our decision”.

Very confused

Thanks Adam

If your request amounted to an application for an original decision to be revised, and PC are saying that they will not revise it, then you’ve satisfied the “mandatory reconsideration” requirement and can proceed to the FtT.

If your request amounted to an application for an original decision to be superseded, then it is still necessary to ask for the decision refusing to supersede to be revised before you appeal.

Which it is is going to depend on what it is you are actually asking PC to do and on what basis.

Thanks for the reply.

Client received PC but with no back-pay - he was wrongly advised by someone to claim UC instead of PC and only realised when UC told him that he shouldn’t be on this.

We sent in a Mandatory Reconsideration form asking him to receive back-payment due to being given the wrong advice (not entirely sure if we are going to win to be honest!)

It was a supersession of the original decision not to award the client back-payment.

That would be a revision then.  What’s being challenged is the date from which SPC has been awarded, and DWP has refused to revise that decision so now there is a right of appeal to a Tribunal.

Whether there is any point is another matter.  Did the claimant already get three months’ backdated SPC? If so, a better option would probably be a complaint about faulty advice.