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Multiple MR for UC

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Welfare Benefits Team at South Tyneside Citizens Advice

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Joined: 10 August 2022

Good afternoon,
Can someone point me in the right direction for the regulation that each benefit decision comes with its own appeal rights and needs its own MR.
I ask as have a client who’s Childcare costs were refused for Jan 2024 assessment period. MR submitted and MRDN received still refusing the decision stating client does not meet the criteria for claiming child care costs. Client will appeal.

Further childcare costs have been submitted after this date and again refused but UC have stated a new MR cannot been submitted and this further refusal needs to be included in the appeal. As MRDN refused the childcare costs stating client doesnt meet criteria (stating the childcare provider doesnt adhere to legislation for being classed as an ofsted registered provider).
Surely this is incorrect as this is a separate decision which needs a new MR?


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Durham Welfare Rights

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Total Posts: 69

Joined: 26 March 2020

I would say it’s just the one MR because the determination is about whether the childcare provision itself meets the criteria… so if each subsequent AP’s childcare costs declaration is for the same provider, then if the original MR was successful then those further APs would have to be also be recalculated, because the non-inclusion of childcare costs would now be incorrect. But the claimant needs to keep submitting them on time ..

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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There is a right of appeal/MR against each UC decision, and it doesn’t matter if the same issue has been appealed/is under appeal in respect of an earlier decision.  However:

- Most monthly calculation statements, despite carrying standard info about appeal rights, are not actually decisions. Section 159D of the Social Security Administration Act 1992 allows regular “alterations” that don’t require a substantive judgement call to be carried out without a new decision
- If an appeal against an earlier decision is upheld, and the issue under appeal is replicated in more recent decisions, those decisions can be revised without having to be appealed separately.

It is therefore probably correct for DWP to say that there is no new right of MR every time a new calculation is done which excludes childcare costs for the same reason as last time; and even if there has been another more recent decision for some reason since the original MR, that decision can be revised in line with the outcome of the appeal on the first one.