Appeal if the requirement to request a mandatory reconsideration doesn't apply

When to use

You can use this template if:

your client is appealing against a decision of the DWP
the notice of the DWP's decision does not state that they cannot appeal without first asking for a revision of the decision (making a mandatory reconsideration request)

This template submission argues:

When reg 7 of the Universal Credit etc. (Decisions and Appeals) Regulations 2013 applies, a person only has a right of appeal under section 12(2) of the Social Security Act 1998 if the Secretary of State has considered on an application whether to revise the decision under section 9 of that Act.

However, reg 7 only applies when written notice of a decision includes a statement to the effect that there is a right of appeal in relation to the decision only if the Secretary of State has considered an application for a revision of the decision. (Reg 7(1)(a) and (b))

If a decision notice does not include such a statement, reg 7 does not apply and there is a right of appeal without the Secretary of State needing to have first considered revision (that is there is no 'mandatory reconsideration' requirement in such cases).
In these circumstances, a claimant is not required to provide a copy of a mandatory reconsideration notice with the notice of appeal as the requirement in rule 22(4)(a)(i) of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 only applies to cases to which mandatory reconsideration applies.

To complete this template you need the following information.

If your client has already submitted their notice of appeal, the date this was submitted.

the date of the decision which your client is challenging and what the DWP decided
a copy of the decision notice (this could be a copy of a decision letter or a UC journal note if no letter has been provided)