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    • teabag29
    • By teabag29 5th Jul 18, 6:04 PM
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    teabag29
    Query re: mandatory reconsideration
    • #1
    • 5th Jul 18, 6:04 PM
    Query re: mandatory reconsideration 5th Jul 18 at 6:04 PM
    My partner is claiming universal credit (since January) and has been handing in sick notes. He received a letter last week telling him heís 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 wonít actually be on universal credit anymore heíll 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 itís over turned heíll be entitled to back pay from when he started the claim in January)?
Page 1
    • Alice Holt
    • By Alice Holt 5th Jul 18, 6:49 PM
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    Alice Holt
    • #2
    • 5th Jul 18, 6:49 PM
    • #2
    • 5th Jul 18, 6:49 PM
    Will he still be able to ask for a reconsideration for the time he was on universal credit (so that if itís over turned heíll be entitled to back pay from when he started the claim in January)?
    Originally posted by teabag29
    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
    • By teabag29 6th Jul 18, 11:44 AM
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    teabag29
    • #3
    • 6th Jul 18, 11:44 AM
    • #3
    • 6th Jul 18, 11:44 AM
    Yes, he will.
    Originally posted by Alice Holt
    Not according to the UC advisor I just spoke to. Heís now ended his claim and was told he canít appeal any decisions now as the claim is closed and also because heís not due to be paid until 22nd, he wonít receive any money heís owed (2 weeks since his last payment) because UC only works in months so they canít pay any weeks owedonly a full month or nothing. Think thatís terrible
    • Alice Holt
    • By Alice Holt 6th Jul 18, 1:17 PM
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    Alice Holt
    • #4
    • 6th Jul 18, 1:17 PM
    • #4
    • 6th Jul 18, 1:17 PM
    Not according to the UC advisor I just spoke to. Heís now ended his claim and was told he canít appeal any decisions now as the claim is closed
    Originally posted by teabag29
    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
    • By Nannytone 6th Jul 18, 4:23 PM
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    Nannytone
    • #5
    • 6th Jul 18, 4:23 PM
    • #5
    • 6th Jul 18, 4:23 PM
    If he's being added to your income support claim, why do you claim Income Support ?
    • teabag29
    • By teabag29 6th Jul 18, 6:12 PM
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    teabag29
    • #6
    • 6th Jul 18, 6:12 PM
    • #6
    • 6th Jul 18, 6:12 PM
    Child under 5 and high rate disability, I have ms and tumours, other serious health conditions
    • teabag29
    • By teabag29 6th Jul 18, 7:46 PM
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    teabag29
    • #7
    • 6th Jul 18, 7:46 PM
    • #7
    • 6th Jul 18, 7:46 PM
    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
    Originally posted by Alice Holt
    Are you sure this Is correct? Itís just I put a post up at the same time as this one on Facebook (the esa pip group) and asked if Iím still able to appeal and Iíve 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 donít want to spend a long time writing up a MR if itís not even going to be looked at
    • Alice Holt
    • By Alice Holt 7th Jul 18, 11:14 AM
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    Alice Holt
    • #8
    • 7th Jul 18, 11:14 AM
    • #8
    • 7th Jul 18, 11:14 AM
    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
    Originally posted by teabag29
    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.
    Last edited by Alice Holt; 07-07-2018 at 11:34 AM.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • teabag29
    • By teabag29 7th Jul 18, 4:41 PM
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    teabag29
    • #9
    • 7th Jul 18, 4:41 PM
    • #9
    • 7th Jul 18, 4:41 PM
    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
    Last edited by teabag29; 07-07-2018 at 4:44 PM.
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