Effect of multiple new claims on a UC HRT appeal?
Claimant refused UC on HRT grounds. MR lodged by advice worker outside of UC account.
While waiting for MR, client phones UC helpline and is told to make a new claim.
New claim made and refused within a few days on same HRT grounds.
This happens 5 times before MR decision issued. MR refused so appeal lodged.
Will a successful appeal decision be limited in scope by the multiple new claims made in the interim?
With each new UC claim removing previous data from the claimant’s UC account and UC helpline being unable to provide this info - I’m hoping to avoid a SAR and the need to lodge MRs against each decision if possible.
I think it’s wise to cover yourself and lodge an MR against each decision. If the appeal succeeds, DWP may revise later decisions made after the appeal was lodged and affected by the same issue. In this context I think “may” means “obviously you would if you could, well look you can”, rather than “entirely up to you, a discretionary matter”. But the fact is it doesn’t say “shall”, so multiple MRs provide the legal protection of a right to appeal the later decisions. There is also a lacuna in D&A Reg 11(2) where decision B was made before the appeal against decision A was lodged, which is another argument in favour of belt and braces MRs. If the MRs are rejected before the first appeal is heard, they can all be appealed and heard together (I know some people favour spreading your options and keeping each appeal separate, I prefer joining them).
The answer I expected but hoped not to receive. Much appreciated once again HB Anorak.
Thanks for the pointer towards 11(2). Agreed that covering all bases appears the safest option.
These cases can create headache but this isn’t the worst order of events to try and figure out. Because the first decision is the one under challenge, there is a good chance that if it is revised, the claim will just be “re-opened” from the date of claim one and then everything in between will be forgotten.
I agree that it would be sensible to cover your bases by MR of the newer decisions. There is no reason why you can’t challenge all of the decisions in a single letter - you don’t need to individually MR each one. You can just say “I am asking for all the decisions to refuse UC on HRT are revised” - I assume your grounds are the same for all of them.
Thanks Elliot. Indeed - grounds are the same across the board.
Good shout as to lodging MRs in one go to avoid delays. I think I’ll do this + SAR in case it uncovers anything else of interest.
the hrt right to reside appeal i had last year, a mr and appeal against second claim and decision, the dwp confirmed that we did not have to worry about the second claim and as the appeal decision was she had permanent right to reside (which was my argument) client got full backdating to first decision of UC. Only the first appeal was heard, but in our case the subsequent decision was wrong.
I think it will vary on the grounds, so if hrt failed due to not being here long enough it will always need subsequent challenges, but my client’s case was she had a right to reside from the first claim and therefore the second claim decision was also wrong on the same grounds