Appeal lapsed, new MR required?
PIP new claim challenge, went through MR and requested an appeal. DWP then revised decision to award a higher rate. Appeal lapsed.
Client wishes to continue challenging decision so I assisted to request new appeal against the revised decision that caused the appeal to lapse.
HMCTS have rejected appeal in a directions notice from a judge saying we need to ask for a new MR.
Situation is complicated by the loss of the letter informing the client of the revision that caused the appeal lapse. To meet the appeal deadline I submitted a SSCS1 without that decision letter, naively assuming that as that revision had caused the previous appeal to lapse HMCTS would accept that the revision decision exists.
CPAG p1338 only references DMG 20/13 http://www.cpag.org.uk/sites/default/files/Memo DMG 20-13.pdf which isn’t the clearest and I’ve looked at 3ZA of the D& A regs but that isn’t very clear either.
I faced a similar situation and I simply sent a copyof the original SSCSC1 and cited the previous appeal reference as evidence that the appeal had lapsed
Thanks - that makes sense - but they already reference the previous appeal number in the Directions Notice:
“The tribunals service has now been informed that there has only been one mandatory reconsideration notice issued by the respondent and this relates to the previous appeal SCxxxxxxx”
I’ve also found the letter HMCTS sent me when the appeal lapsed which said “if the person who made the appeal thinks the new decision is still wrong, they must lodge a fresh appeal.”
I suspect the problem is that the revision that caused the appeal to lapse is not labelled as a ‘mandatory reconsideration’ and that is what HMCTS are looking for - rather than a revision.
I have a similar case and have contacted a Customer Resolution Manager for clarification.
Once an appeal is lapsed the decision given is a Mandatory Reconsideration. It will give appeal rights on this letter which confirm that you can appeal and in my clients letter it states, ‘a full copy of this reconsideration notice must accompany your appeal’.
It would help our clients and HMCT if this letter was headed as a MR Notice.
Hope this helps