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Partial reconsiderations under Mandatory Reconsideration
Please excuse me if this has already been addressed. If a decision is only partially reversed/altered under MR, does that shut down subsequent access to a tribunal entirely, or can the unrevised fragment then proceed to the tribunal using form SSCS1 etc? Reg 7 of the D +A Regs does not seem to make this clear.
I found this, which may help.
http://www.dwp.gov.uk/docs/appeals-process-changes-q-and-a.pdf
Q: What happens if someone still thinks DWP’s decision is wrong after a mandatory reconsideration?
If, after mandatory reconsideration, a person still wishes to dispute DWP’s decision, they can appeal against the decision, regardless of whether the decision has been changed or remained the same. Any appeal must be made in writing to HMCTS. The Mandatory Reconsideration Notice will contain details of how to do this.
Hi Andrew,
Many thanks. I also see that the DWP has set itself a target of 28 days to complete the MR, and a 28 day commitment to respond to a subsequent tribunal appeal notification. The latter is I think is 28 days from when they get the request, not from when posted to them!
Steve where is the thing saying they have a 28 day target for dealing with the reconsideration? All I could find in the Q&A is “This means that the time it takes for a Decision Maker to complete a mandatory reconsideration will vary depending on the circumstances of the case”
I thought I saw this somewhere, but I may have mixed it up with the 28 day commitment to respond to the Appeals service - apologies if so. Will check.
The official justification is about delivering a high quality review to ensure justice be done. High quality decision making at the outset would render this at least partly unnecessary. I do not think its fair to say its 100% ATOS etc fault, maybe only 80%. Why don’t these contracts with private companies say that funding will be properly cut in line with tribunal reversals? However, last word to the DWP from page 4 of the FOA in relation to the appeal overturn rates ‘just because a decision is overturned does not mean that the DWP decision was wrong’.