UK judges rule DWP wrong to deny appeals over refused benefits.
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UK judges rule DWP wrong to deny appeals over refused benefits.
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.
ABC- Posts : 228
Points : 309
Reputation : 49
Join date : 2017-05-05
If you think your DWP benefit decision is wrong and you're too late to appeal
I can think of numerous cases where DWP has made a mistake and people have not been notified.
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
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
helping_hand- Posts : 163
Points : 354
Reputation : 79
Join date : 2017-07-10
Re: UK judges rule DWP wrong to deny appeals over refused benefits.
It is handy to know about the 'any time revision' in cases where the DM made a mistake. I was not aware of that.
Caker- Posts : 1813
Points : 2417
Reputation : 270
Join date : 2017-04-14
Re: UK judges rule DWP wrong to deny appeals over refused benefits.
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
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
Re: UK judges rule DWP wrong to deny appeals over refused benefits.
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?
Caker- Posts : 1813
Points : 2417
Reputation : 270
Join date : 2017-04-14
Re: UK judges rule DWP wrong to deny appeals over refused benefits.
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.
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.
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