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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a question about reconsideration decision. The Job Centre

Resolved Question:

I have a question about reconsideration decision. The Job Centre cancelled my Jobseeker's Allowance, but I not agree with this decision. I had reconsideration appointment to explain why I think that decision was wrong. In Job Centre said that sent me reconsideration decision with explanation, but till now I don't get nothing. The mandatory reconsideration was more that 3 weeks ago. The Job Centre adviser said that I must use my savings to pay all bills. Could you give me advice about my situation? What I can to do if Job Centre don't provide information about decision? Thanks.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Do you know when the matter will be reconsidered please?

Customer:

The mandatory reconsideration was 17/02/2014, but I don't know decision yet my savings soon finish.

Customer:

The mandatory reconsideration was 17/02/2014, but I don't know decision yet. How long by law they can make decision? In one week finish my savings and I can't pay bills.

Alex Watts :

Its bad news I am afraid - the DWP has no time limit to make the reconsideration

Alex Watts :

+

Alex Watts :

However generally one would expect this to be done within 28 days.

Alex Watts :

If it is not then you should write to the DWP and make a formal complaint regarding the time taken

Alex Watts :

For more information please see:

Alex Watts :

http://www.adviceguide.org.uk/england/benefits_e/benefits_benefits_introduction_ew/benefits_problems_with_benefits_and_tax_credits_e.htm#making_a_complaint_about_benefit_and_tax_credit_service_standards

Alex Watts :

I am sorry if this is not the answer you are looking for and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I think that DWP work regulate the law. As far as I know they should sent decision within one week, am I right? Could you agree your information: write the link for more information, please. Thanks.

Alex Watts :

You are wrong sadly, there is no time limit for them to make a reconsideration decision.

Alex Watts :

Please see: http://www.disabilityrightsuk.org/appeals-and-mandatory-reconsideration

Alex Watts :

It states:

Alex Watts :

"From 28 October 2013 you can only appeal against a decision on a DWP-administered benefit after you have asked the DWP to ‘reconsider’ their decision, in other words, to look at their decision again. As this is a required step on the way to making an appeal it is called ‘mandatory reconsideration'. The DWP has no time limit to complete mandatory reconsiderations."

Alex Watts :

I am sorry

Alex Watts :

But in any event to get the ball rolling you should write and raise a formal complaint.

Customer:

if no time limit, they can make reconsideration decision more that one year, am I right? Where I can find more information about a formal complaint?

Alex Watts :

Potentially but unlikely.

Alex Watts :

You need to write to the DWP and make a complaint

Alex Watts :

The address should be on the letter that sent the decision

Alex Watts :

Can I clarify anything else?

Customer:

You want to say that first decision to cancel Jobseeker's Allowance no chance to be reconsidered??? How people can protect yourself?

Alex Watts :

I agree - but I can only tell you what the law is. It is the MP's that can change the law

Alex Watts :

I am sorry

Customer:

it is discrimination case, some people decide for me how to live, that's right? Everybody have same rights, or the law just not for everyone? my life regulate the law.

Alex Watts :

Sadly discrimination does not apply here because it is regulated by law.

Alex Watts :

All you can do is write and make a formal complaint or complain direct to your MP

Alex Watts :

Sadly I can only tell you what the legal position is

Customer:

The law is set of words to control the people (workers).. If I can't nothing to do what's the point in life?

Alex Watts :

Sadly I can only tell you what the legal position is but I have given you the options available, complain to the DWP and your MP

Alex Watts :

Can I help with anything else?

Customer:

For complaint the DWP or MP have time limit?

Alex Watts : None at all.
Customer:

:D

Customer:

if I write complaint to ES court about my rights

Alex Watts : Yes.
Customer:

Do you think I have chance?)

Alex Watts : Its hard to say because if you win the reconsideration the claim should be backdated.
Customer:

:D

Alex Watts : Can I clarify anything else?
Customer:

It's enough for me today) Thanks.

Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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