Page 82 - JUSTICE and AJC Report - Reforming Benefits Decision-Making

from the point of registration. Further the ESA clearance times have to be
viewed in light of the very small number of ESA mandatory
reconsiderations.
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3.15 Although no statistics are currently published on UC mandatory
reconsideration clearance times, data provided in response to a Parliamentary
question showed that the median clearance time from registration for UC
mandatory reconsiderations was 38 days in May 2020 (the most recent data
provided). The upper quartile value for the same month was 79 days. This
means that for a quarter of all UC mandatory reconsiderations it was taking 79
days or more for the DWP to make a decision (down from a peak of 158 in
January 2020). 223 In the case of R (Connor) v Secretary of State for Work and
Pensions the High Court acknowledged that even a normal delay caused by
mandatory reconsideration of 7 to 10 working days, “may be very significant
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to those who receive the benefit”.
3.16 We were told that some claimants are having their request for mandatory
reconsideration refused on the basis that they are not following the correct
process. This is despite the fact that the law does not specify a form or method
by which a mandatory reconsideration request must be made. The gov.uk
webpage on mandatory reconsideration states that a request can be made by
phone, letter or filling in a form (CRMR1). However, the DWP has
225
accepted that all mandatory reconsideration request methods are lawful,
226
including writing a message in the UC online journal. Nevertheless, CPAG
reports that some mandatory reconsideration requests are being refused where
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they have been made via the journal, whilst others who try to request a

222 There were just 281 ESA mandatory reconsiderations in January 2021 compared to 22,063 PIP
mandatory reconsiderations in the same month.
223 DWP, ‘Question for Department for Work and Pensions UIN HL 5780’ (June 2020).
224 para32. This was in the context of ESA claimants who would be entitled to ESA payment pending
appeal but did not receive this whilst going through the mandatory reconsideration stage. ESA is the
only DWP benefit paid pending appeal - there is no equivalent rule for UC or PIP cases.
225 DWP, Challenge a benefit decision (mandatory reconsideration).
226 DWP, ‘Response to Freedom of Information Request FOI2017/09848’ (2018).
227 S. Howes and K. Jones, Computer Says ‘No!’ Stage 2: challenging decisions (see n. 198 above) p.10

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