Charge For Extra Bedroom UC

sheramber

I told UC that I wanted to ask for a mandatory reconsideration that took until January 2024 to conclude.

What has been happening about that request for a mandatory  reconsideration?

What responses have you had from 2017 until January 24.

ANDY1964

peteuk said:

Sorry, I asked what you did, I didn’t say you never appealed…

So you still havent said why you needed the extra room back in 2017.  But I still dont get why it took them until 2024 to make a decision without you chasing it.  

So as I see it, UC said no,  but that changed when your circumstances changed.  You’re now questioning why it hasn’t been applied to the start of your UC.  Would that be because they said no at the time, what are the dates of your application, decision, MR?  Have you missed a decision somewhere?

I did not chase it for all those years because UC said I could not appeal their original decision.

The spare bedroom was used by my wife as my disabilities meant that we could not share the same bedroom.

I now have a carer.

UC on two occasions now telling me I could not appeal their decision is quite concerning if as I now assume was an.option open to me which is currently being denied as again they have said I have no right to appeal.

If UC have misled a Claimant into believing he or she cannot go to a Tribunal to appeal, what next?

huckster

Suggest that you use the DWP complaints process
Complaints procedure - Department for Work and Pensions - GOV.UK (www.gov.uk)

This is most likely to be the best way of trying to gain the resolution you are seeking.  Asking for mandatory reconsideration appeals gets tangled up in the complex web of decision making, Whereas the complaints process is looking at errors and how to correct.

ANDY1964

huckster said:

Suggest that you use the DWP complaints process
Complaints procedure - Department for Work and Pensions - GOV.UK (www.gov.uk)

This is most likely to be the best way of trying to gain the resolution you are seeking.  Asking for mandatory reconsideration appeals gets tangled up in the complex web of decision making, Whereas the complaints process is looking at errors and how to correct.

Thank you

That is really appreciated. 

ANDY1964

ANDY1964 said:

huckster said:

Suggest that you use the DWP complaints process
Complaints procedure - Department for Work and Pensions - GOV.UK (www.gov.uk)

This is most likely to be the best way of trying to gain the resolution you are seeking.  Asking for mandatory reconsideration appeals gets tangled up in the complex web of decision making, Whereas the complaints process is looking at errors and how to correct.

Thank you

That is really appreciated. 

Can I make a complaint to the manager of the department who would in charge of the decision makers mistakes, if mistakes have been made?

Jyana

ANDY1964 said:

peteuk said:

Sorry, I asked what you did, I didn’t say you never appealed…

So you still havent said why you needed the extra room back in 2017.  But I still dont get why it took them until 2024 to make a decision without you chasing it.  

So as I see it, UC said no,  but that changed when your circumstances changed.  You’re now questioning why it hasn’t been applied to the start of your UC.  Would that be because they said no at the time, what are the dates of your application, decision, MR?  Have you missed a decision somewhere?

I did not chase it for all those years because UC said I could not appeal their original decision.

The spare bedroom was used by my wife as my disabilities meant that we could not share the same bedroom.

I now have a carer.

UC on two occasions now telling me I could not appeal their decision is quite concerning if as I now assume was an.option open to me which is currently being denied as again they have said I have no right to appeal.

If UC have misled a Claimant into believing he or she cannot go to a Tribunal to appeal, what next?

Is this the change of circumstances that happened in December that you have mentioned before, or is that something else? 

poppy12345

It feels like we are being drip fed information here. Based on everything you've said I don't think you can appeal the decision on the carer because that decision was made more than 13 months ago. 

ANDY1964

poppy12345 said:

It feels like we are being drip fed information here. Based on everything you've said I don't think you can appeal the decision on the carer because that decision was made more than 13 months ago. 

With respect
No one is being drip fed.
If you kept up with thread you will establish why I was unable to appeal.
UC told me that I could not appeal for starters.

peteuk

.I somewhat agree with Poppy, the thread could have been a lot shorter if the info was more precise.  But thats a side issue. 

You were told you couldnt appeal the decision back in 2018 - This is what I would now make a formal complaint about
You had a change of circumstance which you noted Dec 23/Jan24 - and this has now been backdated.  Was this agreed to on change of circumstance or did you have to take it to MR. 

I feel you’re mixing the two - which is confusing me. 

After receiving an MR outcome you can take it to tribunal, although Citizens advice does state that the MR outcome will state the following:

“The DWP will reconsider the decision - they'll usually give you a response called a ‘Mandatory Reconsideration Notice’. If you still disagree with the decision, check the Mandatory Reconsideration Notice - it will say if you can appeal to an independent tribunal.”

As the original outcome stated you can not appeal - then I would say this is allowed given the info above.  Therefore the recent outcome which has stated you can not back date this to 2017 is correct.  Given that 
1) A decision was made back in 2018. 
2) You were advised you couldn't appeal this.
3) It is now over 13 months from the original decision.  So even if you could appeal, you’re out of time.

Challenging the no appeal decision I would make a formal complaint, rather than MR/Tribunal - because if you go to tribunal the decision of the MR, the outcome is correct.  Once the outcome of the complaint is known you can then act accordingly.

You may sadly, just need to take it on the chin and accept that it isn’t going to be backdated. 

poppy12345

ANDY1964 said:

poppy12345 said:

It feels like we are being drip fed information here. Based on everything you've said I don't think you can appeal the decision on the carer because that decision was made more than 13 months ago. 

With respect
No one is being drip fed.
If you kept up with thread you will establish why I was unable to appeal.
UC told me that I could not appeal for starters.

I have been keeping up with the thread and stand by what I said.