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Late appeal against decision that client had not right to reside

Ruth Knox
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Vauxhall Law Centre

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I have also posted this on the UC Administration section but it might be more appropriate here.  Client came to UK in January 2018, worked to May 2018, had baby and was awarded Income Support up to March 2019. She then was advised to make a claim for UC. She was refused on the basis that she had no right to reside. She has only just come to us now.  My questions are:  (1)  How do we get a Mandatory Reconsideration and appeal in this situation - since there is no live claim and (2) Is there any point in doing a new UC claim now (it will likely be initially refused).  Ruth

edit - I’ve removed the other post just so that we only have one discussion going :)

[ Edited: 17 Dec 2019 at 01:36 pm by Daphne ]
Va1der
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Welfare Rights Officer with SWAMP Glasgow

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Probably best if you delete one of the threads…

Phonecall to DWP UC would probably be the fastest solution - ask why claim closed, and submit late MR over the phone. Post works too, but slow and MR likely to be negative in any event.

 

Elliot Kent
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(1) You can still log on to the journal and get a copy of the decision letter but access will be “read only” and new entries cannot be added. Her case manager will have been unassigned. MR can be requested either by phonecall or in writing. Appeal is just then as normal.

(2) It depends. There is not, in my view, much point in reclaiming if your facts are unchanged. The decision is likely to be the same and this creates complications down the road if the appeal is successful because it is difficult for the UC system to reconcile two claims. However, if there has been a changed of circumstances which could impact on the decision, it may be worth reclaiming (e.g. if you have started work).

Peter Turville
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Elliot Kent - 17 December 2019 01:05 PM

(2) It depends. There is not, in my view, much point in reclaiming if your facts are unchanged. The decision is likely to be the same and this creates complications down the road if the appeal is successful because it is difficult for the UC system to reconcile two claims. However, if there has been a changed of circumstances which could impact on the decision, it may be worth reclaiming (e.g. if you have started work).

Just to illustrate Elliot’s point - see my post earlier today https://www.rightsnet.org.uk/forums/viewthread/14681/ re the consequence in our case (the 1st claim was refused on R2R) and it was 8 month into the award made on the 2nd claim (R2R accepted) before the appeal on claim 1 was allowed.

If UC apply UC Reg 21A then there should be no issues (famous last word) but if they do not, as in our case, it can turn into a nightmare in the long run. In the short run if a new claim were accepted your client would then have income!

As Elliott states whether it is appropriate to make a new claim may depend on the facts of your case. In ours the initial R2R refusal was clearly wrong (client, lone parent, was working well over 16hrs with pay above the NMW).

Ruth Knox
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Brilliant. Thanks so much for the analysis and advice. Ruth

past caring
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Elliot Kent - 17 December 2019 01:05 PM

(2) It depends. There is not, in my view, much point in reclaiming if your facts are unchanged. The decision is likely to be the same and this creates complications down the road if the appeal is successful because it is difficult for the UC system to reconcile two claims. However, if there has been a changed of circumstances which could impact on the decision, it may be worth reclaiming (e.g. if you have started work).

A slightly different take from me.

In my view, the value of indisputable evidence of the MR request having been made can very often outweighs other considerations - and you can obtain that evidence if the client makes a new claim and the MR is requested via the journal. You can’t get it otherwise.

Further, my experience is that where there is a successful UC RtR appeal and this has taken 12 - 18 months to finally resolve (not uncommon) as often as not the DWP will request that the client makes a new claim…..

That isn’t to say that my way is right and others are wrong - probably just more evidence of the generally inconsistent approach within the UC system.