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UC Overpayment MRN - is this really enough?

Andrew Dutton
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Welfare rights service - Derbyshire County Council

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I have raised this case in another thread - https://www.rightsnet.org.uk/forums/viewthread/12521/

I would appreciate any comments on the MRN - part of which is attached.

Client details have been taken out.

There are blocks of text also taken out because they are direct quotes from the claimant’s application for MR.

What’s left is the DM’s actual response.

It troubles me that the DM’s response lacks an explanation of what caused the overpayment, no response to the claimant’s remarks, no schedule of what should have been paid as against what was paid, no explanation of how the final figure was reached.

I have asked for all of these details

Thoughts?

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ClairemHodgson
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Solicitor, SC Law, Harrow

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hardly

anydecision made by a public authority should enable the person to understand the decision

in this case, it should enable the person to know

1. why claiming UC resulted in an overpayment
2. what it is s/he is said to have been overpaid
3. in what amount
4. and for what period
and so on.

this doesn’t even say what it is was overpaid, let alone anything else

therefore, the claimant doesn’t have sufficient information to understand, and challenge if necessary, the decision.

clearly a trip to tribunal required

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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It’s unlawful, plain and simple. It’s derisory. It’s insulting.

Andrew Dutton
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Welfare rights service - Derbyshire County Council

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‘the claimant doesn’t have sufficient information to understand, and challenge if necessary, the decision.

clearly a trip to tribunal required’

Yes!!!!!! Exactly so.

I am very worrierd about the standards of communications from UC

ClairemHodgson
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Solicitor, SC Law, Harrow

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Andrew Dutton - 09 March 2018 09:25 AM

I am very worrierd about the standards of communications from UC

you mean they have standards of communication?  you could have fooled me….

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Although I was glad to note that reg 51 UC (D&A) regs still requires the DM to give written notice of a right of appeal I am sad to note that it is not included in this notice.

Andrew Dutton
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Welfare rights service - Derbyshire County Council

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Dan Manville - 09 March 2018 09:41 AM

Although I was glad to note that reg 51 UC (D&A) regs still requires the DM to give written notice of a right of appeal I am sad to note that it is not included in this notice.

To be fair to them I may have left that bit off as it was on an extra page.

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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The last one I saw from UC (a R2R case) said he had a right to appeal/ask for an MR but did not give any address to write to or suggest any other method of actually doing this…