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Refusal to grant a mandatory reconsideration.

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2 months 4 weeks ago #301659 by bromchis
I was transferred from UC to ESA. The first calculation was wrong as had failed to include the transitional protection. They recalculated by payment still wrong, as I was still over £300 short of the payments I received under ESA. I requested a recalculation and an explanation. After almost a month of not receiving a proper response, I requested a mandatory reconsideration in my UC log. They failed to acknowledge it, I then rang the UC phone number to urge a response.

This is the response I received in my log:
Any request for transitional protection is not calculated based upon a decision which has been made by a human to award or not award Transitional Protection and thus cannot be appealed, transitional protection is calculated to ensure you receive at least as much as you were in receipt of on previous legacy benefits prior to your claim for UC, these payments automatically stop when your entitlement equals or exceeds your previous entitlement on other benefits,

How can it not be appealed? How would I can I go to panel without a proper MC letter? How should I proceed?

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2 months 4 weeks ago #301718 by David
Hi bromchis

As I previously said you need to escalate to a manager as the UC agent is not following DWP policy on a Mandatory Reconsideration regarding TP.
The manager for the Lewisham area is Dave Keogh and his email address is This email address is being protected from spambots. You need JavaScript enabled to view it.
You can quote the DWP official guidance here
www.gov.uk/guidance/transitional-protect...ration-notice-letter
that states you can request a Mandatory Reconsideration.
Then give the reasons why the DWP have made a mistake.

Let me know how you get on.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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1 day 22 hours ago #306300 by bromchis
Replied by bromchis on topic Refusal to grant a mandatory reconsideration.
I wrote to the Area Manager as was suggested. Received a response 16 days later asking me to upload documents. I uploaded my bank statement which proved what I received under ESA was different from the new UC Assessment as well as my ESA award letter. Finally 40 days later they responded with a Mandatory consideration notice, rejecting my argument. I now wish to appeal as I have been £354 short every month since February, the month of carers allowance which had already been deducted under my ESA payment.

There was no reference to which legislation or rules they were applying in the MC Reconsideration Notice.

My question is there any legislation referring to using pre deduction amount of ESA Award amount as opposed to post deduction amounts when calculating transitional protection.

Also is there some discrimination against carers legislation that I can refer to?

Any help on legislation or rules to followed when calculating transitional amount would be appreciated.

Also because of theirs mistake, I am now seriously behind with my bills. However I have been told I cannot have access to an advance payment. Any advice?

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1 day 16 hours ago #306314 by David
Hi bromchis

I am glad that your message to the Area manager got a response, though incorrect. It is a fact that the Legacy Benefits amount that is used for TP is the full amount not the amount that has been reduced by, for instance, third party deductions.
This is confirmed in the Housing Systems guidance here
www.rightsnet.org.uk/pdfs/02-TE-all-lega...nefits-June-2024.pdf

Housing Benefit / Income-Related ESA / Income Support / Income-Based JSA
The DWP will get the claimant’s weekly entitlement(s) from their internal systems – for HB, they have access to
an integrated service. It is the claimant’s entitlement before any deductions for previous overpayments / thirdparty deductions / sanctions that is used.
The DWP will take this weekly rate, multiply by 52 and divide by 12 to give the monthly equivalent

You would be advised to get an advocate if you are going to an Appeal Tribunal. Your local Citizens Advice office can often assist with this.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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