Mandatory Reconsideration

Mandatory Reconsideration is now in effect.

If the Department for Work and Pensions (DWP) make a decision about your benefits that you do not agree with, you have 1 month to ask them to reconsider it. You cannot move on on to the next stage of having an independent Judge-led review of your decision (called a tribunal hearing) without first taking this step, which is why the process is called mandatory reconsideration.

If you are trying to claim Employment and Support Allowance (ESA), then you will not get any benefit during the mandatory reconsideration process.

http://www.carersuk.org/help-and-advice/help-with-money/benefits-a-tax-credits/challenging-a-benefit-decision

Petition
http://you.38degrees.org.uk/petitions/ian-duncan-smith-targets-the-sick-vulnerable

Other links

Note that there is no intention to introduce any time limit for carrying out a mandatory reconsideration.

http://www.cpag.org.uk/content/new-appeals-rules-and-procedures

http://disabilitynewsservice.com/2013/09/dwp-dismisses-talk-of-fitness-for-work-catch-22/

http://www.cpag.org.uk/content/new-appeals-rules-and-procedures

https://www.gov.uk/government/publications/appeals-process-changes-for-dwp-benefits-and-child-maintenance

http://www.rightsnet.org.uk/

[UPDATE 30 October 2013

The Socialist Worker is reporting that the DWP has issued this advice to Job Centres:

If the claimant has claimed JSA (or another benefit), they will stay on that benefit unless they ask for JSA to be re-instated. You should NOT ask the claimant if they would like to change back to ESA.

http://samedifference1.com/2013/10/30/internal-memos-reveal-fresh-attacks-on-claimants-and-job-centre-workers/ %5D

[UPDATE 10 December 2013

Strike out duplicated link

Links related to ESA appeals:

SSCS1A leaflet for tribunal appeals: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/sscs001a-eng.pdf

SSCS1 appeal form: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/sscs001-eng.pdf (can be filled in and then printed from Adobe Reader).

Government advice on appeals changes: https://www.gov.uk/government/publications/appeals-process-changes-for-dwp-benefits-and-child-maintenance

Stick-it-to-the man advice – understandable, but may not be in every claimant’s best interest: http://dwpexamination.wordpress.com/why-it-is-important-to-appeal/

Leicester Council appeals advice with sample letters: http://www.leicester.gov.uk/EasySiteWeb/getresource.axd?AssetID=61511

NHS advice page: http://www.nhs.uk/CarersDirect/moneyandlegal/otherbenefits/Pages/ESA-challenges.aspx

Appeal advice http://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-appeals and mandastory reconsideration FAQ http://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-appeals/mandatory-reconsiderations

Disability Rights appeals and Mandatory reconsideration factsheet: http://www.disabilityrightsuk.org/appeals-and-mandatory-reconsideration ]

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