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Withdrawing a Mandatory Reconsideration request?
Is it possible to withdraw a request for a Mandatory Reconsideration of a decision once it has been asked for and the reconsideration has already started?
I have a client who asked for MR on a capital limits issue, the dispute was originally about the date that she gave evidence to DWP that she had gone below the capital limit and become entitled to JSA again. DWP reviewer is now saying that he would not have put the claim back in payment at all based on the info available to him. I have not got to bottom of it all yet but client is stressing out and asking if she can withdraw MR request.
Told her I did not know but would find out. Anybody know?
I’m not aware of any statutory right to withdraw a review request, or of a statutory mechanism of doing so. But I would have thought it possible. I think that it all depends on the facts of the case and what’s at stake. I suppose many cases would not lead to decisions more adverse to the claimant than the original one and decision makers could then just issue routine decisions confirming the original one. However, decision makers should be alert for those cases where there is a real possibility of a new decision in the claimant’s favour. In these cases they should then consider all the circumstances very carefully, including exploring ways in which they can pursue the matter with less disruption to the claimant, such as dealing with a nominated family member, before deciding to proceed no further. Finally, there will be cases where there is a possibility of a revised decision being more adverse to the claimant. Here they are likely to simply institute revision proceedings of their own accord no matter what the claimant wants.
Thanks Nevip. I suspect it is your latter point that is relevant to my case.