CPAG has published a new report highlighting the unacceptable scale and range of difficulties and systemic failures currently being experienced by those who attempt to challenge Universal Credit (UC) decisions they believe to be incorrect.
The report contains “clear, practical and realistic recommendations on what the DWP needs to do urgently to put matters right.”
CPAG says:
“We have seen examples of claimants experiencing difficulties at every stage: when trying to submit a request for the decision to be looked at again (a mandatory reconsideration); on receiving a mandatory reconsideration notice; and when they try to proceed to the next stage of the process (appealing to an independent tribunal).
Claimants face a range of barriers, including being dissuaded from making a challenge, being required to provide documentation or submit the application in a certain form, and being diverted down another route that is not appropriate in the circumstances.
Claimants who are able to make a mandatory reconsideration request can then experience long delays before they receive a mandatory reconsideration notice. In some cases, they do not receive a notice at all, or it is provided in the wrong format. And claimants who wish to proceed to a tribunal are required to move to a paper-based system after being required by the DWP to manage their UC claim online.
Among the report’s recommendations are that the DWP:
- take further steps to educate its workforce on the various options for making a mandatory reconsideration request, so that claimants are supported to use the route that best suits their circumstances (online, over the phone or by post);
- allow access to refused claims after a new universal credit claim has been started;
- ensure the universal credit consent policy is consistent with the legacy benefits consent policy, which included the provision for implicit consent; and
- ensure that staff understand the appeals process and how their decisions fit into the current framework, including understanding the difference between a revision and a supersession, and the importance of informing claimants about their appeal rights at the necessary stages.
Ken Butler, DRUK’s Welfare Rights and Policy Adviser said:
“Being able to readily challenge bad decision making should be an essential part of a fair social security system. The poor practice of the DWP in enabling this is quite shocking. Over two million people now depend on UC to meet their basic living costs. When migration to it is complete, over 7 million households will be claiming UC and a further 2 million will have lost entitlement to benefits due to its changes. It is vital that the reforms recommended in this important CPAG report are considered and implemented without delay.”
The report Computer says 'no!' Stage two: challenging decisions is available @ www.cpag.org.uk
See also DWP information given to Universal Credit claimants is in some cases unlawful