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FSUC and mandatory reconsideration
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Training and Appeals team, glasgow city council welfare rights
Total Posts: 72
Joined: 11 March 2015
I have been blindly assuming that in FSUC areas a claimant can ask for a mandatory reconsideration via their journal. Is that correct?
The reason for the question beyond the obvious need to know is that having just watched the DWP video on FSUC, the journal they put on screen suggests only two ways to ask. a phone call and a freepost address.
Can someone let me know?
Thanks
Lee
forum member
Weymouth & Portland Citizens Advice
Total Posts: 123
Joined: 2 January 2018
I’ve noticed this too - GOV.UK used to say that you can ask for UC MR on the journal but now doesn’t mention this.
I had a MR posted on the journal completely ignored a few months ago. If it wasn’t an isolated incident then that might explain why they’re now not listing the journal as a method for MRs.
I’ve been sticking to phone or post ever since, though if using post I do put a note the journal to say that an MR letter/form has been posted (just as a precaution in case it gets lost and to keep the WC informed).
forum member
Welfare benefits - Craven CAB, North Yorkshire
Total Posts: 1362
Joined: 16 June 2010
Some relevant discussion in this thread:
https://www.rightsnet.org.uk/forums/viewthread/12532/
I’m quite sure we have done it via the journal, but post should be safer.
forum member
Training and Appeals team, glasgow city council welfare rights
Total Posts: 72
Joined: 11 March 2015
thanks for your responses and the link to the earlier thread. Plainly the old way is still the best way.
thanks
Lee
forum member
Citizens Advice Bridport & District
Total Posts: 1011
Joined: 9 January 2017
Here’s the DWP response attached to a recent FOI on the subject of MR’s
File Attachments
- FOI_192_Reply_UC_MRs_including_notes_on_journal.pdf (File Size: 451KB - Downloads: 3349)
forum member
Welfare rights worker - Oxford Community Work Agency
Total Posts: 1659
Joined: 18 June 2010
In our experience it is still ‘hit & miss’. There are two main issues (1) how to ensure the MR is made and acknowledged (2) that DWP actually consider it and make a decision.
We have been sending MRs by post (and of course if additional evidence needs to be enclosed that is still the only available option!) and pasting a copy to the claimants journal (with a note stating copy sent by post (with X additional evience) and requesting CM confirms by a reply on the journal that the MR has been registered and forwarded to a DM for action.
If the claimnt has already made the MR by ‘phone confirm via journal entry that it has been made (on X date etc) and request confirmation it is being actioned.
We are finding that ‘routine’ MR requests such as challenging a WCA decision are dealt with. However more technical MRs such as incorrect rate of deductions are ignored.
Sometimes a reply on the journal is posted by a work coach and otherwise by a CM - wonder if who looks at the entry determines the appropriatness of the response / action taken?
The MRN is posted to the claimants journal so the other issue is whether the claimant then makes contacts for further advice at that point!
forum member
Locum adviser - CPAG in Scotland
Total Posts: 369
Joined: 17 June 2010
Hi Peter (and others)
Can you confirm that you are using the Freepost address when sending MRs by post?
We are still having problems with MRs for people who have been refused & can’t upload anything to their journal.
Not helped by 45 minute waits on the helpline. We’re also sending clients in with the MR & asking for it to be uploaded by JC+....we’ve been told by partnership manager to do this & yet already have had clients sent away :-(
forum member
Welfare rights team - St Mungo's Broadway
Total Posts: 170
Joined: 22 June 2010
I don’t think I have had a single MR request get through using the freepost address. I have had to send client’s down to the jobcentre to hand deliver the letter and supporting evidence, along with a covering letter explaining that it had previously been posted but told not received. I also have been using the journal to request a mandatory reconsideration but sometimes you need to supply other evidence so it doesn’t work for that. When I call the UC helpline they are very open that there are postal issues and advice hand delivering letters, I know that its hit and miss to whether the jobcentre will allow the client just to turn up with it.
forum member
Welfare rights worker - Oxford Community Work Agency
Total Posts: 1659
Joined: 18 June 2010
Will
We have been using the freepost address. But there is never any acknowledgment posted to the journal confirming recipt - and any subsequent MRN has made no referrence to the source of the application. There is just a silence between submitting the MR and a MRN being posted to the journal unless we phone the helpline to confirm the MR is being dealt with!
It is now possible (at least with Bristol service centre) to request a ‘to do’ is added to the journal that allows uploading of docs. However this requires a call to the helpline and hope the new telephony system connects to a CM at Bristol who can initiate the new ‘to do’ (haven’t tried making a request for the ‘to do’ by entry on a journal yet). Why it is not a permenant feature of all on line account?
forum member
Locum adviser - CPAG in Scotland
Total Posts: 369
Joined: 17 June 2010
Thanks Peter - to confirm, you mean that they can initiate a ‘to do’ which allows someone to upload docs even though their UC has been refused?
forum member
Welfare rights worker - Oxford Community Work Agency
Total Posts: 1659
Joined: 18 June 2010
WillH - 08 August 2018 02:05 PMThanks Peter - to confirm, you mean that they can initiate a ‘to do’ which allows someone to upload docs even though their UC has been refused?
Haven’t tried it for a closed case yet.
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Welfare Rights Adviser - Southwark Law Centre, Peckham
Total Posts: 1123
Joined: 25 February 2014
You can’t make any new entries (or uploads) with a journal once the claim is closed.
What I do is get the client to make a new UC claim, purely for the purpose of being able to request the MR via the journal (i.e. so that there is a record of it - no other method allows this) and then to be able to request the ‘to do’ to allow further evidence to be uploaded if that’s necessary.
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Welfare rights officer - Stockport MBC
Total Posts: 234
Joined: 17 June 2010
Interestingly, the voice recognition software on the helpline (for live service at least) doesn’t recognise the word “reconsideration”!
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Welfare Rights Officer, Southway Housing Trust, Manchester
Total Posts: 627
Joined: 2 June 2015
Same problems here:
- MR requests posted on journal are ignored (As appears to be the case with most information posted by Cls) It seems the work coaches are not passing the requests to the DMs at the processing centres.
-Freepost address is not reliable and you get no acknowledgement of receipt.
-No addresses to post direct to processing centres
-Excessive waiting times on helplines and frequently the adviser refuses to take MR over phone, despite guidance.
We have also resorted to sending clients to the jobcentre with a request for the MR to be scanned to the system.
Clients are having access to justice restricted by DWP incompetence and restrictive practices. This needs sorting asap. In my opinion, providing a postal address or Email for the processing centres/DMs would be the best remedy.
Attached is my most recent attempt to use the Freepost address.
Client comes into the office, 15 minutes to closing. Her UC claim has been refused and “closed” due to no RTR. No time for 90+ minutes of Vivaldi. Can’t use the journal. Typed up an MR letter.
Returned to me two days running - I think its the lack of a postcode.
I have now had to send it off to the signed for address.
File Attachments
- UC_letter.pdf (File Size: 174KB - Downloads: 2132)
forum member
Weymouth & Portland Citizens Advice
Total Posts: 123
Joined: 2 January 2018
Just on the phone with UC helpline. Agent insisted that all MRs must be submitted by phone.
Not taking his word as gospel by any means, but the inconsistency on this topic is very frustrating.