LATE Mandatory Reconsiderations DWP Appeals

MarioZena

Hi. What is the process of requesting a LATE Mandatory Reconsideration after being awarded Zero points following a Work Capability Assessment for migration from Incapacity Benefit to ESA ? Their advice was to go on JSA, which I couldn't as would be deemed as fit and looking for work. So what is my success of the DWP allowing me to file a LATE MR? I have read between the lines it is normally within 1 month although up to 13 months can apply if you have mitigating circumstances preventing you from meeting the 1 month deadline at that time.

I have full medical evidence for such a delay, and at the moment it is 10 months since I received their decision. Also without going into detail, I have my own evidence that the WCA at that time was flawed and totally incorrect. I have not idea if the WCA interview was recorded but I have my own medical evidence that what was claimed in this report was far from the truth !

I need to know how to proceed with this, mainly because if I am 10 months too late can the DWP refuse my right to ask for a mandatory reconsideration given I have read that in mitigating circumstances 13 months can be given. I am not sure if you have to apply for an extension of your period within the stated 1 month deadline or is this 13 month mitigating circumstances deadline open up to 13 months.

Looking for advice or knowledge on this subject and all help would be appreciated.

Thanks

Diary

You don't have to ask for the extension within the 1 month deadline. A mandatory reconsideration can be asked for after that up to 13 months. You would need to send a very detailed letter asking for the delayed recsideration.

Won't you just be delaying a new claim though as MR are nearly always upheld in the DWP favour? Or is it tribunal you're waiting for.

MarioZena

Thanks for your reply. An MR is my only option because a fresh claim wouldn't qualify me for contributory as I only have NI Class one credits from Incapacity and haven't worked. I would need to apply for Income Related taking my partners income and savings into consideration which takes us just over that limit to qualify. I have done numerous benefit calculations on this and I will receive nothing. As I understand from another thread, I would need at least 6 months Employee Class 1 NI contributions and the rest can be made up of Class 1 NI Credits from Incapacity Benefit over the last 2 completed tax years 2013-14 and 2014-2015 but only have 2 years Class 1 Credits from Incapacity Benefit.

Thanks

Alice_Holt

Here is a pro-forma for applying for an MR:
https://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf

Some info from CPAG on late appeals:

What if the date of the decision is more than a month ago?

You have one calendar month (30 days for tax credit decisions) from the date of the decision to request a reconsideration (or appeal). If the decision was made more than a month ago, it is very important to give reasons why you were unable to request a reconsideration (or appeal) in time. The kind of reasons that may be acceptable include:

illness or bereavement
postal disruption
learning or language difficulties
difficulty obtaining evidence to support your request
This list is not exhaustive. Note that the later the application, the more compelling the circumstances must be. The DWP or HMRC has discretion to accept a late request for a mandatory reconsideration, but in some cases may refuse to do so - in this case there is no right of appeal and the only remedy is judicial review.

If the decision is wrong because of a mistake by the department administering the benefit, you can ask for it to be revised later, but the decision maker has to agree that it was an official error.

MarioZena

Hi thanks for your comment Alice. Firstly, two of the above reasons you stated may be acceptable in my case for late MR, plus other extenuating circumstances with medical evidence to prove so. Secondly, I am not sure what your final paragraph means in relation to mistakes made by administering the benefit. Does this include an official error was made on the WCA or just a small admin error ? If it is in relation to errors on the WCA, then I stand a chance and have evidence to prove that the WCA report was wrong in many respects.

Do I gather my evidence first before filing a LATE MR, as it may take some time for me to collect ? OR do I file the LATE MR now stating evidence to follow ? Not sure how this works. So is all evidence needed in readiness to approach DWP for the MR ?

Thank you.