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Appeal

Bcfu
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Blackpool Centre For Unemployed

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Total Posts: 142

Joined: 9 July 2020

Hi

If a MR is sent to the DWP by mistake, would they normally send it to HMCTS for an appeal?

We filled in a PIP MR in August 2021, which shouldn’t have been an MR as the client had already done this. He received a letter stating that they had responded to the old MR and wouldn’t be able to do anything further.

He’s come back to us (in July!!) asking for our help, I’m putting in a very late appeal and arguing that the DWP should have sent this to the tribunal - would this be the correct approach?

Thanks Adam

Elliot Kent
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Shelter

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Total Posts: 2622

Joined: 14 July 2014

No, the DWP neither would nor could do that.

There is nothing preventing your client from making multiple requests for a decision to be revised. It isn’t open to the DWP to decide that, having received a request for revision, they are going to elect for it to instead be dealt with as an appeal when that is not what your client requested. In any event, the forwarding of a request for revision to the Tribunal would not constitute a valid notice of appeal for the purposes of rule 22 and would be ineffective.

The opposite doesn’t hold and the FtT will forward premature appeals to the DWP to consider reconsiderations.

Your client may still get away with it depending on whether they are within 13 months of the mandatory reconsideration notice. Usually the DWP will not object to even extremely late appeals which are within the absolute time limit.

[ Edited: 4 Aug 2022 at 02:52 pm by Elliot Kent ]