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Quick question - late MR request refused. Appeal possible?

JAS1
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Advice Worker, Gaddum Centre

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DLA (for son of client). MR 7 months late due to client illness. MR late request refused, reasons for lateness not accepted.

I have read that there is no appeal for refusal of late MR request, however the letter has the section about ‘what to do if you disagree’ etc and it has details on lodging an appeal

Is it possible?

Thanks

Daphne
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Yes - CE/766/2016 provided that if a mandatory reconsideration request is made within 13 months of decision, claimant is entitled to pursue an appeal even if the late MR isn’t allowed

AlexJ
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Hi

You should now just be able to lodge an appeal as normal. The DWP have considered whether to revise the decision, and have decided not to (on the grounds that it was late, but the fact is they have considered whether to revise the decision). You now have a right of appeal against that decision, adhering to the usual deadlines for appeals. You do not need to show why the original MR request was late. See R(CJ) and SG v Secretary of State for Work and Pensions (ESA): [2017] UKUT 324 (AAC) ; [2018] AACR 5

https://www.gov.uk/administrative-appeals-tribunal-decisions/r-cj-and-sg-v-secretary-of-state-for-work-and-pensions-esa-2017-ukut-324-aac

Hope that helps

Alex

JAS1
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thanks guys. I stumbled across this -

http://www.cpag.org.uk/content/appeals-toolkit-decisions-and-mandatory-reconsideration

‘The DWP or HMRC has discretion to accept a late request for a mandatory reconsideration, but in some cases may refuse to do so - in this case there is no right of appeal and the only remedy is judicial review.’

Which threw me!

Thanks for clarifying

Daphne
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Oh - it might be worth alerting CPAG to that - this is their page on the UT decision - one of theirs -which made the change - http://www.cpag.org.uk/content/refusal-accept-late-mandatory-reconsideration-requests

JAS1
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Thanks Daphne, I must have come across an old page. I have emailed them.