DWP backs down on benefit 'offer' ahead of JR hearing

The Department for Work & Pensions has agreed to amend the way it contacts people appealing their benefit decisions with new offers, and to stop calling them when a court hearing is imminent. Public law specialists say the case highlights the importance of judicial review, which the government is seeking to reform.

Public Law Project solicitor Sara Lomri said the case highlights the importance of judicial review, which the government wants to reform. ‘This case shows why there must be an accessible legal route for people to hold public authorities to account. The law is there for us all to follow, and when the state makes a mistake, acts unlawfully, and will not change itself, there must be a way to correct it,’ she said.

Policy of Secretary of State for Work and Pensions contacting appellants to tell them that decision under appeal can be revised to a decision more advantageous to the appellant if they agree with the proposed new decision (and appeal lapses as a consequence) – appeal continues against the decision as not revised but in context where Secretary of State has shown she no longer considers the decision under appeal to be correct – extent of First-tier Tribunal’s obligation to take into account the Secretary of State’s changed view where the decision under appeal remains the unrevised decision.
Published 16 July 2021