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Direct appeals - no mandatory reconsideration required

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Dear Department for Work and Pensions,

In decision PP v SSWP (UC)[2020] UKUT 0109(AAC), at paragraph 26, it states:

'26. The posting on 14 May 2018 of the “case closure” decision – or disallowance decision, properly so called – appears to fall within the terms of regulation 7(1)(a). However, the requirement for a mandatory reconsideration to be undertaken as a necessary prelude to an appeal only applies if regulation 7(1)(b) also applies (see regulation 7(2)). There are strict requirements as to the type of notice required for the purposes of regulation 7(1)(b) –see regulation 7(3). There was no such informative notice attached to the notification of the decision in the Appellant’s Journal, as reproduced at p.70. The notification said no more than is reproduced at paragraph 7 above. Nor is there any evidence on file that any further decision letter was issued to the Appellant. It follows logically that the Appellant had the right of appeal to the First-tier Tribunal unencumbered by the (usual) need to apply for a mandatory reconsideration.'

http://www.bailii.org/uk/cases/UKUT/AAC/...

1. For the most recent month for which figures are available, please provide the number of appeals you were contacted about by the First-tier Tribunal which did not require a mandatory reconsideration.

2. For the most recent month for which figures are available, please provide the number of purported appeals you received from the First-tier Tribunal which you treated as applications for a revision (see para. 25 of the decision, specifically regulation 7(5) of the 2013 Decisions and Appeals Regulations).

3. Please provide a copy of all work coach guidance on sending an 'informative notice' to a claimant's Journal.

4. Please provide a copy of the informative notice(s) you send to a claimant's Journal which makes it a requirement for the claimant to apply for a mandatory reconsideration before formally appealing.

Yours faithfully,

J Roberts

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no-reply@dwp.ecase.co.uk on behalf of DWP Central FOI Team, Department for Work and Pensions

Our ref: FOI2020/19683

Contact email: [1][email address]

Dear J Roberts,

Thank you for your request for information which was received on 22nd
April. Your request is being considered under the terms of the Freedom of
Information Act 2000.

You can normally expect a response to your FoI request within 20 working
days. However due to the current situation with COVID-19 it may not be
possible for us to reply to you within this timeframe.

The DWP will make every effort to respond to FOIs as we would usually but
the current situation may mean that available Departmental resources are
needed on other high priority areas.

We kindly ask for your understanding during this unprecedente d situation
and we will aim to deal with your FOI request as soon as is practically
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