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Appealing without a MR notice
The SSCS1 is quite emphatic about this .... ‘you must include a copy of the mandatory reconsideration notice…..Please tick this box to confirm you have attached a copy of the mandatory reconsideration notice…..remember to include a copy of your mandatory reconsideration notice with your appeal form. If you do not do so, we will be unable to register your appeal until this is provided.’
I’ve finally had what I’ve been expecting for some time.
Do you have your MR notice? Eh, what’s that? etc etc. Lost, gone, destroyed or some such.
CPAG says First Tier Tribunal can waive this requirement, but any experience how this is going?
Is there any point sending an appeal in anyway? I don’t like the idea of not being able to register it, as it suggests a clerk will send the appeal back out to us.
Will we get another one off the DWP?
I would suggest that it would be worth trying to get a copy from the DWP, as if they send it this will be the path of least resistance.
If not, the Tribunal staff should consider whether to waive the requirement, and if they do not you can request that a judge reconsider that decision. In practice this does not seem to be happening, so it might even take an application to the Upper Tier to get anywhere.
(Also it’s worth noting that some PIP and DLA MR notices I’ve seen are not headed as such, they just start with ‘Decision on your entitlement’ or similar.)
Reg 7(2) D+A Regs simply requires that a revision has taken place, so technically the SSCS1 for is misleading to suggest that an MRN must be attached to validate the appeal. Where there has been a revision is a matter of fact, and I would hope that HMTCS would phone the DWP to check if there has been a revision if an MRN is not attached. If your client is unclear where there has been a revision at all, then can you phone to check?
Where there has been a revision is a matter of fact, and I would hope that HMTCS would phone the DWP to check if there has been a revision if an MRN is not attached.
It would be nice to think so wouldn’t it? In my experience so far, HMTCS just send the SCCS1 back by return of post if there is any doubt whatsoever that the MR has not been included (or what has been included doesn’t actually say MANDATORY RECONSIDERATION DECISION in .22 bold).
Reg 7(2) D+A Regs simply requires that a revision has taken place, so technically the SSCS1 for is misleading to suggest that an MRN must be attached to validate the appeal. Where there has been a revision is a matter of fact, and I would hope that HMTCS would phone the DWP to check if there has been a revision if an MRN is not attached. If your client is unclear where there has been a revision at all, then can you phone to check?
Rule 22(4) of the tribunal procedure rules requires a copy of the MRN.
Nothing to stop their waiving the requirement though however in practice they’re not.
I have one of them now, combined with later appeal - client has no idea where he put mandatory reconsideration decision letter, or whether he even received it.
Letter was apparently sent 21 3 2014. DCS can send copy, but ‘it will take a couple of weeks as file has to be recalled from storage’. What do I do now, wait for the letter to come and make the appeal even later, or appeal now and get it sent back to me?
I have one of them now, combined with later appeal - client has no idea where he put mandatory reconsideration decision letter, or whether he even received it.
Letter was apparently sent 21 3 2014. DCS can send copy, but ‘it will take a couple of weeks as file has to be recalled from storage’. What do I do now, wait for the letter to come and make the appeal even later, or appeal now and get it sent back to me?
It might be worthwhile making the appeal now, with appropriate explanation.
I saw client last week who had lodged an appeal without sending MR notice, HMCTS wrote back a month later giving him 21 days to provide the MR notice. So that would hopefully give you time to obtain a copy of the MR notice at least to send back?
Thanks for the replies on this.
I’ve had one of the 21 day letters referred to above, but unfortunately the DWP didn’t come good on their offer to send out a copy MR notice within a couple of weeks. The upshot is that I have sent it back in to HMCTS again, still with no notice, in the hope that justice will be done. Fingers crossed.
Thanks for the replies on this.
I’ve had one of the 21 day letters referred to above, but unfortunately the DWP didn’t come good on their offer to send out a copy MR notice within a couple of weeks. The upshot is that I have sent it back in to HMCTS again, still with no notice, in the hope that justice will be done. Fingers crossed.
You need to make an application under rule 4(3) TP(FtT)(SEC) for a Judge to consider the application and state the reasons you can’t provide it.