UK judges rule DWP wrong to deny appeals over refused benefits.

View previous topic View next topic Go down

UK judges rule DWP wrong to deny appeals over refused benefits.

Post by ABC on Fri Aug 04, 2017 5:13 pm

https://www.theguardian.com/society/2017/aug/04/uk-judges-rule-dwp-wrong-to-deny-appeals-over-refused-benefits


The Department for Work and Pensions has been unlawfully stopping people going to tribunal to appeal against decisions to refuse them benefits, three senior judges have ruled.

The upper tribunal found it was wrong for the DWP to refuse claimants the right to appeal if they took more than a month to ask for a review of the benefit decision.

The DWP system was challenged by the Child Poverty Action Group and two claimants with serious mental health problems who were refused disability benefits and then failed to ask for an internal review within the one-month time limit.

They made late applications for an internal review, called “mandatory reconsideration”, of their benefit decisions, but the DWP initially refused to change the decision or let a tribunal consider whether that was correct.

The judges found: “The reality is that many claimants will be vulnerable for reasons including issues relating to their mental health or learning disabilities. It is obvious that there is a high risk that many of them with good claims on the merits will miss time limits.
avatar
ABC

Posts : 78
Points : 124
Reputation : 30
Join date : 2017-05-05

View user profile

Back to top Go down

If you think your DWP benefit decision is wrong and you're too late to appeal

Post by helping_hand on Sat Aug 05, 2017 3:57 pm

I can think of numerous cases where DWP has made a mistake and people have not been notified.  Mad

A good example, is the issue of a JSD for Workwise and other courses.

If you think your DWP benefit decision is wrong and you're too late to appeal
If you're getting a benefit paid by the Department for Work and Pensions (DWP) it's possible that the Department for Work and Pensions (DWP) may have got the decision wrong.

This page tells you more about how a decision can be changed when an official error has been made and you're too late to appeal.

What is an official error?

An official error is an error made by a DWP employee or by someone employed to provide a service to DWP. The error could be that the person:

got the law wrong, or
failed to take into account information or evidence that may have shown you were entitled to the benefit or that you should have been awarded more money, or
made a mistake about a fact.

https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/appealing-against-a-benefit-decision/if-you-think-your-dwp-benefit-decision-is-wrong-and-you-re-too-late-to-appeal/


Edit:

Commentary from Paul Spiker

“A refusal to carry out a mandatory reconsideration effectively removes the right of appeal without consideration of the merits.”

http://blog.spicker.uk/a-refusal-to-carry-out-a-mandatory-reconsideration-effectively-removes-the-right-of-appeal-without-consideration-of-the-merits/

----

Sobbing decision makers are desperately trying to persuade claimants not to lodge appeals following an unsuccessful mandatory reconsideration, a senior welfare rights worker has revealed. It is the first evidence that DWP staff are coming under pressure to meet targets for cutting appeal numbers for benefits including employment and support allowance (ESA), personal independence payment (PIP) and disability living allowance (DLA).

https://www.benefitsandwork.co.uk/news/3013-sobbing-decision-makers-plead-with-claimants-not-to-appeal

More info here..

http://www.politics.co.uk/comment-analysis/2016/08/12/how-the-dwp-stacks-the-odds-against-benefit-claimants



Last edited by helping_hand on Mon Aug 07, 2017 7:17 am; edited 1 time in total
avatar
helping_hand

Posts : 111
Points : 241
Reputation : 56
Join date : 2017-07-10

View user profile

Back to top Go down

Re: UK judges rule DWP wrong to deny appeals over refused benefits.

Post by Caker on Sat Aug 05, 2017 4:48 pm

It is handy to know about the 'any time revision' in cases where the DM made a mistake. I was not aware of that.
avatar
Caker

Posts : 605
Points : 879
Reputation : 177
Join date : 2017-04-14

View user profile

Back to top Go down

Re: UK judges rule DWP wrong to deny appeals over refused benefits.

Post by Admin on Sat Aug 05, 2017 8:32 pm

im close to one that didnt even get sent the appeal letters to appeal the decision

but through some of the knowledge ive gained over the years had advised them that they could infact appeal it

the other info that came in handy was the 80% refusal that dwp was using recently

im also aware of a bribary statement used by the dwp a sort like threat if you appeal this then you should inform another department of this situation
avatar
Admin
Admin

Posts : 943
Points : 1939
Reputation : 113
Join date : 2017-04-13

View user profile http://respectfulbenefits.forumotion.com

Back to top Go down

Re: UK judges rule DWP wrong to deny appeals over refused benefits.

Post by Caker on Sun Aug 06, 2017 7:59 am

Admin wrote:im also aware of a bribary statement used by the dwp a sort like threat if you appeal this then you should inform another department of this situation

I was not aware of that. Could you provide more detail please?
avatar
Caker

Posts : 605
Points : 879
Reputation : 177
Join date : 2017-04-14

View user profile

Back to top Go down

Re: UK judges rule DWP wrong to deny appeals over refused benefits.

Post by Admin on Mon Aug 07, 2017 10:16 am

not many media sites are picking this up

https://skwawkbox.org/2017/08/06/landmark-benefits-judgment-almost-nobodys-talking-about/

As the Daily Mirror announced yesterday, the ‘Upper Tribunal’ (UT) – the body that rules on the most serious benefits disputes – ruled against the government’s treatment of benefits claimants in its ‘mandatory reconsideration’ regime:

and also here as well

https://www.thecanary.co/2017/08/06/senior-judges-rule-theresa-may-broke-law-screwing-vulnerable-people-uk/

Senior judges from an Upper Tribunal have ruled that Theresa May’s government has been acting illegally. And once again, those affected by the ruling are some of the most vulnerable people in the country. The judgment means that the government has likely been screwing over thousands of disabled people who will now potentially be affected by the ruling.
avatar
Admin
Admin

Posts : 943
Points : 1939
Reputation : 113
Join date : 2017-04-13

View user profile http://respectfulbenefits.forumotion.com

Back to top Go down

Re: UK judges rule DWP wrong to deny appeals over refused benefits.

Post by Sponsored content


Sponsored content


Back to top Go down

View previous topic View next topic Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum