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Is a MR always needed for a PIP appeal?
- MJane
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17 hours 35 minutes ago #314013 by MJane
Is a MR always needed for a PIP appeal? was created by MJane
I understand there are some cases where the need to provide a MR for PIP appeal, can be waived by the tribunal.
Is this correct & what are the exceptions.
Can a refusal letter to carry out a MR, from DWP, be used by tribunal in some cases in place of MR & appeal go ahead?
Is this correct & what are the exceptions.
Can a refusal letter to carry out a MR, from DWP, be used by tribunal in some cases in place of MR & appeal go ahead?
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- LL26
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15 hours 25 minutes ago #314014 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Is a MR always needed for a PIP appeal?
Hi MJane,
My understanding is that following the Welfare Reform Act 2012, individuals seeking to challenge a benefits decision must ask for DWP or HMRC to reconsider their decision before they can appeal. This rule – known as “Mandatory Reconsideration” – was introduced in April 2013 and now applies to most social security benefit (except Housing Benefit) and tax credit decisions.
I don't think it is possible to appeal to a tribunal about PIP without having previously requested a Mandatory Reconsideration. There may be a possibility of arguing no need for MR if DWP sent out an incorrect letter. (Decision letter that doesn't mention MR process.) I have never seen that happen, but it could happen.
Otherwise you need to do MR.
If you lodge a late MR without sufficient good reason to explain the lateness, then DWP can refuse to reconsider. An appeal can be lodged on the basis of arguing that an appeal can actually be made as a preliminary point, and it may be possible, because it will be in the 'interests of justice' to hear the substantive arguments as to whether PIP can be awarded at the same time.
If the MR is submitted in time (within 1 month of decision date) DWP has to review the case. This is the law. However DWP has on occasions not held the review and or failed to send the letter. If chasing a response has proved fruitless and it's now several later, perhaps also a complaint has been made and ignored, then I would send in an appeal to the tribunal explaining that DWP has failed to respond to the MR request. One of two things will then happen. The appeal is allowed to go ahead. Or the tribunal make a direction for MR and then the appeal can take place if needed afterwards. This scenario is realistically only ever going to occur after months of delays and lack of response to several written or phone reminders. This is more likely to be dealt with via a complaint, or (only with specialized legal advice) an application for Judicial Review to enforce an MR to be made.
The only legitimate reason for DWP to refuse to do MR is in respect of a late MR without good cause as explained above.
I hope this helps.
LL26
My understanding is that following the Welfare Reform Act 2012, individuals seeking to challenge a benefits decision must ask for DWP or HMRC to reconsider their decision before they can appeal. This rule – known as “Mandatory Reconsideration” – was introduced in April 2013 and now applies to most social security benefit (except Housing Benefit) and tax credit decisions.
I don't think it is possible to appeal to a tribunal about PIP without having previously requested a Mandatory Reconsideration. There may be a possibility of arguing no need for MR if DWP sent out an incorrect letter. (Decision letter that doesn't mention MR process.) I have never seen that happen, but it could happen.
Otherwise you need to do MR.
If you lodge a late MR without sufficient good reason to explain the lateness, then DWP can refuse to reconsider. An appeal can be lodged on the basis of arguing that an appeal can actually be made as a preliminary point, and it may be possible, because it will be in the 'interests of justice' to hear the substantive arguments as to whether PIP can be awarded at the same time.
If the MR is submitted in time (within 1 month of decision date) DWP has to review the case. This is the law. However DWP has on occasions not held the review and or failed to send the letter. If chasing a response has proved fruitless and it's now several later, perhaps also a complaint has been made and ignored, then I would send in an appeal to the tribunal explaining that DWP has failed to respond to the MR request. One of two things will then happen. The appeal is allowed to go ahead. Or the tribunal make a direction for MR and then the appeal can take place if needed afterwards. This scenario is realistically only ever going to occur after months of delays and lack of response to several written or phone reminders. This is more likely to be dealt with via a complaint, or (only with specialized legal advice) an application for Judicial Review to enforce an MR to be made.
The only legitimate reason for DWP to refuse to do MR is in respect of a late MR without good cause as explained above.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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