Mandatory reconsideration and appeals

No requirement to request backdating before a claim to universal credit determined

AM v SSWP (UC) [2022] UKUT 242 (AAC); Abdul Miah (by his litigation friend Mashuq Miah) (Respondent) v SSWP
The Upper Tribunal judgment in this case holds that a claimant who does not ask for backdating when they initially make their claim of universal credit ("UC") and does not amend their claim before it is decided, can nonetheless obtain backdating by later requesting a revision of the decision which only awarded UC from the day on which the claim was submitted. There is therefore no need for a claimant to have made a request for backdating at the claim stage in order for it to be considered. SSWP appealed to the Court of Appeal and the appeal was heard on 7 November 2023. The judgment of the Court of Appeal is awaited.

Challenging decisions - mandatory reconsiderations and other tactics (Scotland) ONLINE

If you need to get a universal credit or other benefit decision changed, this course aims to gives you the essential knowledge to do it. To successfully challenge a decision, knowing what type of decision to ask for can make all the difference. This might be a mandatory reconsideration, a revision or a supersession. In some cases complaints, disputes or judicial reviews might be the appropriate course of action. 

Appeals to the upper tribunal (online)

This course is essential for anyone who wants to challenge decisions of the First-tier Tribunal (Social Entitlement Chamber) effectively. The main aim of the course is to give you an understanding of what is an error of law, and practice in finding errors of law in the First-tier Tribunal statement of reasons. The course covers:

Challenging PIP decisions (online)

Personal independence payment (PIP) was introduced on the same day as universal credit back in 2013 and PIP is now the main disability benefit for working age claimants. The DWP’s record of PIP decision-making accuracy is possibly the worst of all social security benefits, with nearly 70% of appealed decisions reversed by tribunal judges in favour of claimants. On the downside, many claimants elect not to appeal poor refusal decisions.