Martin Williams and Mike Spencer of Child Poverty Action Group (CPAG) gave us an inspiring number of ideas for challenging the new mandatory reconsideration before appeals rule at our workshop on 10 December.
Advisers from Citizens Advice, law centres, housing associations and other organisations attended with even more advisers listening in remotely by phone.
The main focus was on what you can do as an employment and support allowance (ESA) claimant when your ESA stops during the mandatory reconsideration period before you can appeal. CPAG are looking for ESA test cases where they can argue that the new rules breach the public sector equality duty or discriminate against people with mental health problems.
The other main topic was what you can do if you are late in asking for a revision and the DWP refuses to allow it and you are then barred from taking your case to the independent First-tier Tribunal. CPAG consider that even the DWP refusal could amount to a reconsideration and so you can appeal anyway and are also are looking for test cases on this point. Contact advice@cpag.org.uk if you can help.
In the light of the workshop we’ve our updated factsheet appeals and mandatory reconsideration and included the topics in our training course on Challenging Benefit Decisions and Appeals.