Query re: mandatory reconsideration

My partner is claiming universal credit (since January) and has been handing in sick notes. He received a letter last week telling him he’s been put in the wrag group but he will be appealing this as he feels he meets the criteria for support group. He has asked for the report and once he sees where they failed him he will apply for a MR......

however, we are planning to move in together in the next few weeks before universal credit is rolled out in my area so when he does the MR he won’t actually be on universal credit anymore he’ll be on my income support claim. Will he still be able to ask for a reconsideration for the time he was on universal credit (so that if it’s over turned he’ll be entitled to back pay from when he started the claim in January)?

Comments

  • Alice_Holt
    Alice_Holt Posts: 5,919
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    teabag29 wrote: »
    Will he still be able to ask for a reconsideration for the time he was on universal credit (so that if it’s over turned he’ll be entitled to back pay from when he started the claim in January)?

    Yes, he will.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • teabag29
    teabag29 Posts: 1,898 Forumite
    Alice_Holt wrote: »
    Yes, he will.

    Not according to the UC advisor I just spoke to. He’s now ended his claim and was told he can’t appeal any decisions now as the claim is closed and also because he’s not due to be paid until 22nd, he won’t receive any money he’s owed (2 weeks since his last payment) because UC only works in months so they can’t pay any weeks owedonly a full month or nothing. Think that’s terrible
  • Alice_Holt
    Alice_Holt Posts: 5,919
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    teabag29 wrote: »
    Not according to the UC advisor I just spoke to. He’s now ended his claim and was told he can’t appeal any decisions now as the claim is closed

    No that's incorrect advice from the UC adviser.

    Write to the address on the top of the decision letter placing him in the WRAG, and ask the DWP to look at the decision again.
    https://www.citizensadvice.org.uk/benefits/universal-credit/problems-with-your-payment/challenging-a-universal-credit-decision-mandatory-consideration/

    The letter should have a section entitled 'What to do if you disagree with this decision" (or similar)
    Because your online journal is now closed, you can't ask for an MR through that, but you can still ask for an MR by letter.

    Keep a copy of your letter, and get proof of posting. You may need to chase them up,

    Look carefully at the LCWRA descriptors (these are the same as the ESA Support Group) and the Reg 35 risk to health circumstance (as it's known for ESA), and build your case on these:
    https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors
    http://www.cpag.org.uk/content/making-exception
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • Nannytone
    Nannytone Posts: 501
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    If he's being added to your income support claim, why do you claim Income Support ?
  • teabag29
    teabag29 Posts: 1,898 Forumite
    Child under 5 and high rate disability, I have ms and tumours, other serious health conditions
  • teabag29
    teabag29 Posts: 1,898 Forumite
    Alice_Holt wrote: »
    No that's incorrect advice from the UC adviser.

    Write to the address on the top of the decision letter placing him in the WRAG, and ask the DWP to look at the decision again.
    https://www.citizensadvice.org.uk/benefits/universal-credit/problems-with-your-payment/challenging-a-universal-credit-decision-mandatory-consideration/

    The letter should have a section entitled 'What to do if you disagree with this decision" (or similar)
    Because your online journal is now closed, you can't ask for an MR through that, but you can still ask for an MR by letter.

    Keep a copy of your letter, and get proof of posting. You may need to chase them up,

    Look carefully at the LCWRA descriptors (these are the same as the ESA Support Group) and the Reg 35 risk to health circumstance (as it's known for ESA), and build your case on these:
    https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors
    http://www.cpag.org.uk/content/making-exception

    Are you sure this Is correct? It’s just I put a post up at the same time as this one on Facebook (the esa pip group) and asked if I’m still able to appeal and I’ve had 3 comments on that too saying that the information is correct and he should have appealed before closing the claim. I do believe there is a good chance of getting the decision turned over as he qualifies for support group (at the time he was on it) however I don’t want to spend a long time writing up a MR if it’s not even going to be looked at
  • Alice_Holt
    Alice_Holt Posts: 5,919
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    edited 7 July 2018 at 10:34AM
    teabag29 wrote: »
    Are you sure this Is correct? It!!!8217;s just I put a post up at the same time as this one on Facebook (the esa pip group) and asked if I!!!8217;m still able to appeal and I!!!8217;ve had 3 comments on that too saying that the information is correct and he should have appealed before closing the claim. I do believe there is a good chance of getting the decision turned over as he qualifies for support group (at the time he was on it) however I don!!!8217;t want to spend a long time writing up a MR if it!!!8217;s not even going to be looked at

    As certain as I can be without seeing your paperwork.

    Please follow this link and read it carefully:
    http://www.cpag.org.uk/content/closing-universal-credit-claims

    Have you looked at the ESA decision letter as I advised?
    Does this tell you you can challenge the decision?
    What was the date of the decision letter?

    If you are sure the decision was wrong, why wouldn't you request the DWP to look at it again?
    Writing an MR should not be an onerous task and the DWP will soon tell you if you don't have appeal rights.
    What you should be concerning yourself with is preparation for the appeal.Medical evidence, understanding the appeal process, etc.

    When it comes to a tribunal hearing (as it surely will) the tribunal will be looking at a closed period claim.

    "The concept of closing a claim does not exist in law. When a claim for benefit is made, the decision maker has a duty under section 8(1)(a) of the Social Security Act 1998 to decide whether to make an award of benefit in respect of that claim or not. There may also be situations where the decision maker needs to decide whether something actually constitutes a claim or not. If the Secretary of State decides something is not a procedurally effective claim, he would still be making a decision under section 8(1)(a). Importantly, in such cases there is a right of appeal under section 12, once the procedural formality of having had a mandatory re-consideration is complied with."

    BTW: You really should have got advice in person about your very complicated UC query from your local advice agency, after asking them to contact CPAG on their professionals line.
    I clearly posted this advice for you @9 in your UC thread (and pmlinyloo repeated it).
    They would have known if you were in a live or full UC area, and the different opticns that can flow from that.
    A phone call was highly unlikely to get you the very detailed advice you needed, neither would it be easy for you to process and follow information given over the phone.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • teabag29
    teabag29 Posts: 1,898 Forumite
    edited 7 July 2018 at 3:44PM
    Yes it does say he can ask for MR and appeal I just didn!!!8217;t know if it!!!8217;s possible now the claim has closed. I have gathered all medical evidence and preparing to write the MR mentioning all inaccuracies and contradictions in report and I definitely think section 35 applies to him die to his severe anxiety. Thankyou for those links they!!!8217;re very helpful

    Regarding going to my local advice centre in person, this is hard for me as I have many chronic conditions and my mobility is poor and causes me a lot of pain so I rarely leave the house unless absolutely necessary
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