Mandatory reconsideration and appeals | Page 4 | CPAG

Mandatory reconsideration and appeals

CPAG wins breakthrough case as operation of late mandatory reconsideration scheme ruled unlawful

04 August 2017
The Upper Tribunal (UT) has today declared the Government’s restrictions on access to the social security appeals system to be unlawful, in a test case brought by Child Poverty Action Group (CPAG). 

PIP – changing an ongoing award

Issue 258 (June 2017)
When can the DWP change an ongoing award of personal independence payment (PIP), including where the award was made by a tribunal? Ed Pybus looks at the rules and some recent caselaw.

Ministry of Justice consultation on transforming courts and tribunals

08 November 2016
CPAG has responded to a Ministry of Justice consultation on changes to social security appeal tribunals. We have serious reservations about the proposal to move the Social Security and Child Support Tribunal entirely online.

Late is better than never

Issue 253 (August 2016)
A three-judge panel of the Upper Tribunal has overturned a previous ruling that tax credits claimants could not make a late appeal against decisions made between 2008 and 2014. Mike Spencer considers the implications of the decision and how claimants whose appeals were wrongly struck out can get their appeals reinstated.

Tribunals, telephones and videos

Issue 252 (June 2016)
When should a First-tier Tribunal consider allowing appellants to take part in the hearing of their appeals via a telephone or video link? Simon Osborne reviews the relevant law, and some yet wider considerations.

Response to the Social Security Advisory Committee consultation on decision making and mandatory reconsideration

16 March 2016
In our response, we highlight the lack of official statistics on the outcomes of mandatory reconsideration requests by claimants and present evidence of problems with the way the system is operated taken from CPAG in Scotland’s Early Warning System and our work in London food banks.

In the bag? Tribunals and less favourable decisions

Issue 247 (August 2015)
Simon Osborne reviews some recent guidance offered in the caselaw about the ability of tribunals to make decisions more adverse to the appellant than the one under appeal.

Latest enews

11 August 2015

ESA and abolition of the ‘six month rule’

Issue 245 (April 2015)
Simon Osborne describes important new rules which affect repeat claims for employment and support allowance (ESA) following failure of the work capability assessment, and entitlement to ESA pending appeal.

Mandatory reconsideration: another fine mess

Issue 245 (April 2015)
Simon Osborne describes the latest mandatory reconsideration problems and solutions.