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ESA Mandatory Reconsideration
Hi,
Has anyone experienced a complete lack of communication from ESA - Client received an overpayment decision in August 2023, sent in an initial MR in September 2023 and still has not received a decision. Every-time the client rings she seems to be getting fobbed off with no actual answers. I sent a chase-up/complaint letter in April 2024 and have still not received a reply.
My next steps are to put an appeal in directly with HMCTS and let them contact the DWP for an answer - is that the correct/best procedure in this case? I assume we won’t have any issue with time-limits as no MR decision has been sent.
Thanks
Adam
Yup, on a personal complaint with ESA, which took several months to progress. Got ICE involved that resulted in DWP apologies and £50 sweetener. Nice, apart from the fact it’s our taxes they’re settling their incompetence with. Appeal plan looks to be sound.
Hi,
Has anyone experienced a complete lack of communication from ESA - Client received an overpayment decision in August 2023, sent in an initial MR in September 2023 and still has not received a decision. Every-time the client rings she seems to be getting fobbed off with no actual answers. I sent a chase-up/complaint letter in April 2024 and have still not received a reply.
My next steps are to put an appeal in directly with HMCTS and let them contact the DWP for an answer - is that the correct/best procedure in this case? I assume we won’t have any issue with time-limits as no MR decision has been sent.
Thanks
Adam
If the DWP have not considered the application for revision (ie the MR application) as yet then you don’t have a right of appeal- although if you make an appeal then the FTT might write to them asking what is going on, and that could prompt them to issue an MR technically it has no jurisdiction unless or until the DWP have considered the revision application. You do get cases where you can show they have considered the application even though no MRN issued in which case there is an appeal right but this doesn’t from what you say sound like one of them.
The actual remedy in a case where a revision application made but not determined is a public law one- DWP have a duty to determine revision application and that is impliedly a duty to do so within a reasonable time - they are arguably in breach of that duty. Threaten JR- get in touch with the JR Project at CPAG and ask for JR121 template I guess.
Hi Adam
Do you know which DRT this is sat with? We might have similar problems on the horizon.
Hi,
Has anyone experienced a complete lack of communication from ESA - Client received an overpayment decision in August 2023, sent in an initial MR in September 2023 and still has not received a decision. Every-time the client rings she seems to be getting fobbed off with no actual answers. I sent a chase-up/complaint letter in April 2024 and have still not received a reply.
My next steps are to put an appeal in directly with HMCTS and let them contact the DWP for an answer - is that the correct/best procedure in this case? I assume we won’t have any issue with time-limits as no MR decision has been sent.
Thanks
Adam
If the DWP have not considered the application for revision (ie the MR application) as yet then you don’t have a right of appeal- although if you make an appeal then the FTT might write to them asking what is going on, and that could prompt them to issue an MR technically it has no jurisdiction unless or until the DWP have considered the revision application. You do get cases where you can show they have considered the application even though no MRN issued in which case there is an appeal right but this doesn’t from what you say sound like one of them.
The actual remedy in a case where a revision application made but not determined is a public law one- DWP have a duty to determine revision application and that is impliedly a duty to do so within a reasonable time - they are arguably in breach of that duty. Threaten JR- get in touch with the JR Project at CPAG and ask for JR121 template I guess.
Thanks Martin - I have sent them an email
Hi Adam
Do you know which DRT this is sat with? We might have similar problems on the horizon.
Its unclear! - I have two decision notices both different one is a general ESA one and one Stockton Service Centre.
I sent a chase-up letter to a general ESA one in April with no response