Mandatory reconsideration

hi,

have not experienced but you can put a complaint in. email: correspondence@dwp.gov.uk and complaintreviewteam@dwp.gov.uk

Hi,

this is an older post put I would like to offer an explanation.

The "CMS" love to play silly buggers.

They work on behalf of the RP unless you open the case against yourself.

They are a porfit driven organisation, set up to not burdon the tax payer,  regulated by the DWP. Who its self has been convicted of "Maladministration".

They makes everything harder than it needs to be.

So it goes like this: Example

Decision 1 (Change of income) - Decision 2 (Change of address) - Decision 3 (Your Patment Plan)

During the desision making process they are obligated to inform you of the change and reason for it.

From there you have 14 days to provide evidance as to why the decision may be worng. (This can be extended by requesting infomation [I cannot remember the exact term] and copies of evidance).

You then get decision a notice. Something like 16-18 days from the start date. Or upto 28 days with 2 days grace for mail. (All required legal notices and time frames as per the legislation).

However, you can only put in a "Mandantory Reconsidaration" against the last decision made! (So red example, you could not appeal the income change or change of address). The CMS will simply ignore it as irellivent. They will tell you that them selves. 

You will find, often that when a change is being processed something else may appear noone has requested. Least of all you! (Always challenge it straight away in writting).

- This is delibarate to obstruct and/or remove your right to appeal an earlier decision. 

- This is not strictly speacking legal. As it would be imposible to consider multiple caculation changes with in the same decision. As diffrent aspects used diffrents legislation and procedures to reach a decision. Normally they are processed by diffrent teams. What if they conflict? What if they are two diffrent changes to the same part of the formula, which one gets priority?

To have an older decision looked at again, (So in the exsample, the income change). You would ask for a suppersession. Based on the decision being made in the absence of fact. Or wrong in law. But only on a decision made with in the last 18 month.

If they still do not reply, make a complaint directly to the DWP and your local MP. (You can also complain to the 2 goverment bodies, who over see moderday slavery and goverment department maladministration. But they do not look at individual cases, its simply build up complaints and evidance for NRP as a whole. For an invstigation OR comitte hearing to be opend further down the line).

You can still apply for a first stage tribual provided you can prove you submitted your Mandantory Reconsidartion, you have complained and the CMS and DWP still have failed to provide any Notice of decision. (Including screen shots of the CMS Portal). Entering in section 2 of the SSCS2 form (About your Child Maintence Appeal). "Failed to provide notice"

To be honest there is alot more to it, go check out the welfare reform act and the appeals process. I hope I have given you a little insight.

Good luck moving fowards.