Mandatory reconsideration: no acknowledgement received

[san_d]

Last month I sent a letter of mandatory reconsideration to challenge a benefit decision. The decision did not involve a sanction. I have received no acknowledgement by now. I have spoken to the benefit centre and they phoned me back saying that they have not received my letter (I have proof of signature) and as long as they are concerned there is nothing I can do.

 

Is this right? Shouldn't I be entitled to have my case reconsidered? What should I do? Is this the latest trend at the DWP? What is the procedure? Thanks.

[Mr.P]

I'd suggest printing off a copy of the letter along with the proof of signature and hand deliver to your local JCP/DWP office. Get a receipt from a floor manager and instruct him/her to escalate to the appropriate department without delay.

[san_d]

I'd suggest printing off a copy of the letter along with the proof of signature and hand deliver to your local JCP/DWP office. Get a receipt from a floor manager and instruct him/her to escalate to the appropriate department without delay.

That's the first thing I've done. They've told me that there is nothing I can do. They won't escalate my case. They are just stonewalling. If I insisted further they'd have called security.

[Guest]

I would be writing to my MP right now with all copies attached to the letter, or attached in email to them.

[antone]

The DWP loses letters all the time - it's not by design, but still, they don't get to just say "oh sorry, nothing we can do", especially not when you have proof that it was received at their mail handling depot.

 

So here's what I would do: first I would call them again, and, if necessary, ask to speak to a manager or supervisor. Be polite but firm. Explain that you have proof that your MR request was received on xx date. Ask for an appointment at your nearest Jobcentre to hand in a copy of your original request and also a copy of the proof of delivery. Tell them that for the purpose of time limits for MR, you expect the request to be treated as made on the date shown on said proof of delivery. Then follow this up with a letter saying the same thing, also enclosing a copy of the delivery signature.

 

Make sure you can document everything you have done, so keep copies of everything for yourself. Hopefully your request will be dealt with by someone who actually knows what they are doing, but if they continue to stonewall then I think Ruby Tuesday has it - contact your MP. You are entitled to a Mandatory Reconsideration and them saying "oops, we lost it. Sucks to be you" is unacceptable.

[Bazooka Boo]

There's some good links in this to read, but it does say that a MR is an ''operational'' rather than a legal term, as such no time limits apply,

and there are no guidelines as to how they're carried out.

 

http://www.cpag.org.uk/content/ask-cpag-online-pursuing-mandatory-reconsideration

[antone]

Sorry, just to be clear, by "time limit" I was referring the time the claimant has to request a recon, not the time the DWP has to complete it.

 

What we don't need is the DWP claiming San_d is out of time to request a recon because they lost the letter.

[Bazooka Boo]

Apologies, again! I read it that the OP was referring to the time limits the DWP had to deal with their MR...?

[antone]

Apologies, again! I read it that the OP was referring to the time limits the DWP had to deal with their MR...?

 

No probs. Both things are matters of concern in any case - the delay in processing and the possibility that the DWP will try to claim that the recon request wasn't received in time.

[san_d]

Last Friday I went to the Jobcentre, letters in hand. I explained my situation. At first they were receptive, but when I told them that my MR was about a decision that was not a sanction, they said that I am not allowed to bring evidence. I insisted and the lady said that she was going to call the security and kick me out.

 

Her argument was that you can only bring evidence to the Jobcentre if there is a sanction or an appeal to a sanction. She said in my case it was not necessary and it is at discretion of the Jobcentre.

[Bazooka Boo]

OK I need some clarification, is this a MR about a benefit decision?

 

If you could say what it is for, then others will be able to negotiate the minefield of info that is out there.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/236733/appeals-reform-introduction.pdf

 

https://www.gov.uk/social-security-child-support-tribunal/overview

 

Just two of the appeals processes that are out there.

[san_d]

OK I need some clarification, is this a MR about a benefit decision?

 

If you could say what it is for, then others will be able to negotiate the minefield of info that is out there.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/236733/appeals-reform-introduction.pdf

 

https://www.gov.uk/social-security-child-support-tribunal/overview

 

Just two of the appeals processes that are out there.

I can't give too many details away because my case could be unique, but basically I have been granted JSA but on a wrong assumption. That means my JSA could be terminated at any time. To be terminated they will have to issue a new decision, which has not arrived yet.

 

I am contesting only that element.

[Bazooka Boo]

Sorry, I can't help, I don't know what the issue is?

 

It sounds like you're in receipt of JSA but fraudulently because they have used incorrect information? Is that right?

[san_d]

Sorry, I can't help, I don't know what the issue is?

 

It sounds like you're in receipt of JSA but fraudulently because they have used incorrect information? Is that right?

Not really. As I said, i can't go into details. Sorry but I need to protect my case. The only thing I can say is that they have made wrong assumptions about my work history and they could suspend my JSA. No sanction has arrived yet.

[Bazooka Boo]

OK no worries, as long as you know what the problem is, and how it has been made, and by whom, then you should be pretty much covered.

 

But don't forget who it is your up against, they are very good at losing evidence, and fabricating evidence to suit!

[san_d]

Thanks all. My second letter has arrived. I have been told somebody has looked at it and I should receive a response soon. Fingers crossed.