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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Mandatory Rec0nsideration Decisions

Billy
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Welfare rights - Stockton-on-Tees Borough Council

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Total Posts: 66

Joined: 19 July 2011

Hi we are seeing a lot more MRS being reviewed by the original decision maker with inevitable results. I am a bit out of the loop but I thought that it should be a different officer looking at the original decision that is under mandatory reconsideration. Is there any guidance available somebody could point me to ?

Thanks

UB40
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Debt and Welfare Advice, Community Money Advice, Launceston

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Joined: 29 April 2021

The wording on the CRMR1 always stated the folllowing,
“A different decision maker will look at your claim and any new
information you provide. If they can change the decision, they will.
It’s important you understand that the amount you are awarded
could go up, down or stay the same. Your benefit could also be stopped”.

Elliot Kent
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Shelter

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ADM A3033 DMs can reconsider a decision that they or another DM has given. Where possible, although not a legal requirement, the expectation is that the mandatory reconsideration should be carried out by a different DM.

My recollection is that there was at one point a process under which the MR would be routed through the office which made the decision first and that they had the option of revising their own decision (if there is new evidence say) and if they didn’t, it would be routed to a Dispute Resolution Team (DRT).

But it doesn’t really matter. Any public law point in relation to the decision maker’s identity would be subsumed by the FtT appeal.

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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Significant parts of DWP struggling with recruitment and retention so this may be a direct consequence of that. Doubt there’s merit in making an issue of it.