UC not issuing a MRN so how can we proceed to appeal the bedroom tax

UC keeps claiming cannot change a bedroom tax decision as depend on LA to determine the no of bedrooms and refer us to LA. Complaint has been raised with LA through MP but LA have not changed the no of bedrooms. LA claim dining room with 3 walls is a bedroom. We want to appeal this decision but UC are not issuing a Mandatory Reconsideration Notice still referring us to LA.

How can I get this successfully to appeal without a MRN without going down JR route?

Thanks

Who is “UC” in this context? Usually your point of contact is a case manager who doesn’t have the authority to deal with these things. The expectation is that the case manager will task a decision maker to determine the MR request through a DWP form. Case managers ‘gatekeeping’ and refusing to pass these requests on because of their view that the request is ill founded, late or whatever is rife and has been since UC was introduced. You can try to make some progress by reminding the case manager that whatever they might think about the MR, their job is just to pass it on, you can engage with the complaints process or use local escalation with partnership managers.

The other option is to try and engage the FtT’s jurisdiction at this stage. There is not strictly any requirement to have received an “MRN”. The requirement, as under reg 7 D&A regs is that the SSWP has “considered on an application” whether to revise the decision. You can attempt to file an appeal at this stage submitting such evidence as you may have that the SSWP has received your request, considered it and is refusing to revise. Journal messages from the case manager saying something to the effect that the request won’t be looked at further and the decision can’t be changed may suffice. You can expect to end up in a procedural tussle as usually these requests will be bounced back by a clerk initially and you will have to ask for judicial consideration.