Mandatory Reconsiderations

Mandatory Reconsiderations

As of today, Monday 28 October, Mandatory Reconsiderations come into force for all benefits, the following is important information for everybody challenging, or considering challenging a Decision.

- First, MRs do not affect any appeal currently being processed, these will continue using the "old" system.

- MRs only affect Decision made on or after 28 October, so even if you have received a Decision letter today you will likely not be affected, as the date of the Decision, which is normally the date of the Decision letter will be for last week.

- MRs only apply where the claimant also receives notice that they are subject to MRs, so if you receive a Decision notice without an MR direction also included you should be able to request an appeal rather than a Reconsideration.

- A request for a Mandatory Reconsideration must be made within one month of the date of the Decision. It should be possible to make a late request, however, late requests are now accepted by the DWP, whereas late appeals are in principle accepted by HMCTS, and if permission is refused then this Decision cannot be appealed. It is not clear whether claimants will then be able to make a direct appeal to HMCTS.

- Claimants appealing for an existing award to be increased e.g. WRAG to Support Group or PIP Standard Mobility to Enhanced Mobility, will continue to receive payments on their existing award.

- ESA claimants appealing a Fit for Work Decision will not receive the ESA assessment rate until they are permitted to lodge an appeal which will not be until an MR has been completed.

- A new ESA Mandatory Reconsiderations and Appeal guide

www.benefitsandwork.co.uk/help-for-claimants/esa

- A new set of Frequently Asked Questions on MRs is also available

www.benefitsandwork.co.uk/employment-and...ory-reconsiderations