Appeal when DWP has not provided a mandatory reconsideration notice

You can use this template if your client wants to appeal against a DWP decision and:

• your client has requested a revision (a mandatory reconsideration) of the decision
• the DWP has refused to revise the decision, and
• the DWP has not provided a mandatory reconsideration notice

This template argues that:

The claimant has a valid right of appeal to the First-tier Tribunal, despite the DWP not providing a ‘mandatory reconsideration notice’, on the following grounds:

1. Reg.7(2) of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 provides that a claimant 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.
   
   A response stating that the request for a mandatory reconsideration has been refused is sufficient to show that the application has been considered.
    
2. Rule 22(4)(a)(i) of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 states that a claimant must provide a copy of the notice of the result of a mandatory reconsideration with the notice of appeal in any case to which mandatory reconsideration applies. Providing the notice of refusal to revise satisfies this requirement.
   
   In the alternative, as a requirement to provide a mandatory reconsideration notice is a procedural requirement, the tribunal has discretion to waive the requirement if it would be in the interest of justice for it to do so.

To complete this template you need the following information.

Information about your client

• name
• address
• national insurance number

Background facts

• the date your client submitted their mandatory reconsideration request and how this request was made (for example by telephone, letter, journal note)
• details of any attempts that have been made to get the DWP to provide a mandatory reconsideration notice, including dates and how this was done
• details of any hardship caused by the delay in resolving this

Information about the decision

• the date of the decision your client is challenging (that is, the date of the original decision) and what the DWP decided
• details of the response your client received to their request for a mandatory reconsideration, including the date of the DWP's decision to refuse to carry out a mandatory reconsideration, the reasons given for this and how your client was informed (for example, by telephone, letter, journal note) and, if possible, a copy of the response