- Posts: 19
× Members
Mandatory Reconsideration Notice
- troy
- Topic Author
- Offline
Less More
8 months 2 weeks ago #286626 by troy
Mandatory Reconsideration Notice was created by troy
The DWP said they looked at my PIP and decided your award is unaffected by the MM v DWP tribunal judgement.
Relating to descriptor 9 Mixing with other people, first, the judgement was to upgrade the score from 2 to 4, not the powers that complicated the Math.
The DWP stated the award we will be looking at is the decision dated 15/10/2017, your award following this would have already considered the above tribunal judgement.
I appealed to HMCTS regarding their decision, and awaiting their judgement or appointment.
The DWP certainly know how to complicate matters, would someone experienced be able to advise?
Thank You.
Relating to descriptor 9 Mixing with other people, first, the judgement was to upgrade the score from 2 to 4, not the powers that complicated the Math.
The DWP stated the award we will be looking at is the decision dated 15/10/2017, your award following this would have already considered the above tribunal judgement.
I appealed to HMCTS regarding their decision, and awaiting their judgement or appointment.
The DWP certainly know how to complicate matters, would someone experienced be able to advise?
Thank You.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51290
8 months 2 weeks ago #286658 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration Notice
t
The relevant dates for this are'
18 July 2019 - Supreme Court makes judgement on MM v DWP
6 April 2016 - The date of the original Decision for MM
17 September 2020 - Date that the DWP updated their guidance for Decision Makers.
If the Decision you are appealing was made between 06/06/16 and 17/09/20 then it falls under MM and should have been reviewed by the DWP to see whether it should have been revised.
If it was made on or after 17/09/20 then MM does not apply and no review of the original Decision would be made.
Even if an award falls under MM it does not mean that the extra points for Mixing with Others will be awarded, claimants will still need to meet the revised guidance for Decision Makers.
If the Decision date in question is indeed 15/10/2017 then it definitely falls under MM and the DWP is incorrect to say that it would have been decided under the revised guidance.
Gordon
The relevant dates for this are'
18 July 2019 - Supreme Court makes judgement on MM v DWP
6 April 2016 - The date of the original Decision for MM
17 September 2020 - Date that the DWP updated their guidance for Decision Makers.
If the Decision you are appealing was made between 06/06/16 and 17/09/20 then it falls under MM and should have been reviewed by the DWP to see whether it should have been revised.
If it was made on or after 17/09/20 then MM does not apply and no review of the original Decision would be made.
Even if an award falls under MM it does not mean that the extra points for Mixing with Others will be awarded, claimants will still need to meet the revised guidance for Decision Makers.
If the Decision date in question is indeed 15/10/2017 then it definitely falls under MM and the DWP is incorrect to say that it would have been decided under the revised guidance.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: troy
Please Log in or Create an account to join the conversation.
- troy
- Topic Author
- Offline
Less More
- Posts: 19
8 months 1 week ago #286769 by troy
Replied by troy on topic Mandatory Reconsideration Notice
Thank you for replying Gordon, can you please explain this line, [claimants will still need to meet the revised guidance for Decision Makers].
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51290
8 months 1 week ago #286809 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration Notice
t
As I said, the extra two points are not automatic, a claimant still needs to meet the criteria for the four points, if they cannot show this then they won't get the extra points.
Gordon
As I said, the extra two points are not automatic, a claimant still needs to meet the criteria for the four points, if they cannot show this then they won't get the extra points.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David