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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

DWP responses to MR requests

WR Adviser
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Welfare rights worker - Community Law Service, Northampton

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Joined: 22 June 2010

Hi all, I have made several requests for MRs lately relating to UC and all 3 of them have been handled badly (in my opinion!). Instead of a letter/MRN my clients are having a journal entry from someone at the service centre giving vague information around the issues raised in the MR. It contains no real explanation or detail and certainly no information about appeal rights. Is this something just affecting my area or are others seeing this?  I am about to raise it with our Partnership Manager.

Andyp5 Citizens Advice Bridport & District
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Citizens Advice Bridport & District

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Pretty common for UC.

The upside is the following caselaw which allows us to bypass the MR and appeal direct to HMCTS. See extract from a sub for expediency.

‘Judge Wikely held in CUC/1389/2019 (paragraphs 20 – 30).  When considering the notification of the decision, that regulation 7(1) (b) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment Support Allowance (Decisions and Appeals) Regulations 2013.

Provides that the requirement to carry out a mandatory reconsideration before a right of appeal is established only applies where the decision notice includes a statement to that effect. In Mrs ********* case, the decision notice contained only what was written in her journal and therefore the claimant had the right of appeal to the First-tier Tribunal unencumbered by the usual need to apply for a mandatory reconsideration. Please see CUC/1389/2019 attached’.

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WR Adviser
forum member

Welfare rights worker - Community Law Service, Northampton

Send message

Total Posts: 83

Joined: 22 June 2010

Andyp5 Citizens Advice Bridport & District - 16 February 2022 10:12 AM

Pretty common for UC.

The upside is the following caselaw which allows us to bypass the MR and appeal direct to HMCTS. See extract from a sub for expediency.

‘Judge Wikely held in CUC/1389/2019 (paragraphs 20 – 30).  When considering the notification of the decision, that regulation 7(1) (b) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment Support Allowance (Decisions and Appeals) Regulations 2013.

Provides that the requirement to carry out a mandatory reconsideration before a right of appeal is established only applies where the decision notice includes a statement to that effect. In Mrs ********* case, the decision notice contained only what was written in her journal and therefore the claimant had the right of appeal to the First-tier Tribunal unencumbered by the usual need to apply for a mandatory reconsideration. Please see CUC/1389/2019 attached’.

Thanks Andyp5!  I must admit I have never tried to appeal without a proper MRN on decisions where one is usually required.  I will certainly bear this in mind!