Changes to the way clients challenge Benefit decisions were introduced in October 2013. This included having to go for a 'Mandatory Reconsideration' (but not for Housing Benefit decisions) before being allowed to appeal. Another change was having to send an appeal directly to the Appeals Service(HMCTS- Her Majesty’s Courts and Tribunals Service), called direct lodgement. You are telling us that this has created certain problems-
Less clients are appealing. Statistics show that in the 3 months after the new system came in, appeals numbers dropped from 129,445 to 79,865(compared to the same quarter the year before). This trend continued the following quarter with a further drop in the numbers appealing. Advice- encourage clients to appeal. The Mandatory Reconsideration is really just another look by the DWP or Tax Credits at their own decision. Don't let clients be put off by it. The right to appeal once this has happened is still similar.
Some clients are being told they can not proceed to appeal. This is because to make a valid appeal, HMCTS's Tribunal Procedure rules say that a notice of the Mandatory Reconsideration (which will be issued by the DWP or Tax Credits office) is needed. If a client is successful with their reconsideration but only in part then a notice which says on it 'Mandatory Reconsideration Notice' might not be issued. Another potential problem is whilst the request is being passed between sections in the DWP and there is a delay in issuing the notice. Advice- suggest to the clerk at HMCTS that any revisiting of that decision should in effect count as a mandatory reconsideration. So as long as a letter from the DWP or Tax Credits is produced about looking at the decision again, then this can count as a Mandatory Reconsideration Notice. Strictly speaking, the law requires that an application has been considered to revise a decision. It doesn't require that a specific Mandatory Reconsideration notice has been issued.
Delays in payments of ESA(Employment and Support Allowance)whilst appealing. Clients can not claim ESA before the Mandatory Reconsideration has taken place, but once an appeal is sent in, and they get fit for work notes from their GP, then they can. Advice- clients should put on their appeal form that they are in fnancial hardship and ask HMCTS to email the relevant ESA section to ask that it is put back into payment. If an adviser has local email contacts themselves then they could also email them directly with proof of postage to show an appeal has been made.
Delays in appeal hearing dates. Hopefully this should be reduced as a result of the number of appeals falling. Advice- get evidence pertaining to the date of the decision being challenged. Also consider whether a new claim for the beneft might be appropriate. An expedited request for a hearing to be arranged quickly might be appropriate if there is fnancial hardship. Remember that all evidence for the tribunal needs to relate to the date of the decision The tribunal are not able to make a new award after that date. If a client's condition has worsened then it will be worth considering a new claim before the appeal is heard.
To feel more confident in challenging Benefit decisions Click here for our updated Benefit Appeals Course.
To know the law better for clients in financial hardship Click here for our
updated Benefit Change Course 2014- 'Falling Through the Net'. This course includes sanctions which often go unchallenged.