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Lay disallowance team-DWP/PIP

G20199

Hello

I am new to here. Can someone please tell me what the Lay disallowance team is within the dwp reagrding PIP. It’s about a mandatory reconsideration of my partners claim and it’s gone to that team because it’s over 13 months. Has anyone experienced this and no what it means and what they do?

Any help would be much appreciated

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poppy123456

Hi,

I answer with this reply on the other thread you asked the question on.

I've never heard of that team before and googling doesn't tell me anything either. The maximum amount of time you have to request the MR and Tribunal is 13 months, after this time as far i know you exceed the maximum time given and won't be able to appeal that decision. Others may have more thoughts on this.

G20199

Have you heard of Lay rules? In regards to the dwp and PIP?

atlas46

Hi @G20199

Can you be more specific and quote any document that has been sent to you, by DWP.

There is no such term used by the DWP for PIP, especially when it comes to a MR request.

Give PIP a call on Monday and see what they come back with.

poppy123456

I'm afraid not. Others may know.

atlas46

Hi @G20199

Here is some additional information.

In terms of PIP a “disallowance” actually means that your case has been stopped, because the claimant has either not complied with information requested or adhered to time limits.

In your specific case, you did not comply with the 13 months rule, in seeking a MR.

However, if you can show “good cause”, why you were not able to comply with the 13 months timescale, then the DWP could allow the MR.

If the DWP decline your MR, then you could take your case to a tribunal.

You need to seek face to face advice from a welfare rights officer (CAB).

Have you written to the DWP about a “good cause”, why you were unable to comply with the 13 months rule?

Also remember the case will be consider on the condition of the claimant on the date of claim and not on any change of condition since.

Keep us informed.

poppy123456

Once the 13 months have passed then you can no longer appeal any decision. The good cause rule is for those that missed the first month's deadline not for those that missed 13 months.

It maybe possible to ask the DWP for an anytime revision of the benefit decision. Other than that a new claim needs to be started.

https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/appealing-against-a-benefit-decision/late-benefit-appeals/

atlas46

Hi @poppy123456

I always qualify my posts, that they should seek face to face advice from a welfare rights officer, as it is impossible to give advice on an open forum.

I cite the caselaw that was handed down at the UT recently, involving action taken by Child Poverty Action Group on behalf of two claimants.

Importantly, one of the three judge panel, was chaired by the President of the UT.

I know you kindly provided a link to CAB on this issue, but such links are not updated based on recent caselaw.

We are all trying to support our community as best we can.

G2019

@atlas46 thank you for your post. As we were really confused as to why it had been referred to this department. We were given the reason that the original claim was over 13 months ago. This is more about me not doing a mandatory reconsideration in 13 months on behalf of my partner?
Im really confused. What happened was my partner was claiming back in 2015 where all this recent scandal has come out now about the blatantly discriminatory assessments. She asked for a mandatory reconsideration at the time and they didn’t change their decision. My partner had to apply for tribunal. She was never told that the tribunal was taking place. My partner suffers from mental health issues and has since being a teenager. She also suffers from osteoarthritis which affects her mobility. She had just left domestic violence at that point and naively trusted the dwp to be doing the right thing. They put her through such a nightmare of a process that when it came up for renewing she didn’t have the capacity to do it and didn’t have anyone to help her.

When me me and my partner got together and my partners conditions continued to deteriorate even more some family problems made it so bad she was told to go to claim PIP. She wouldn’t have claimed it but I said that I would do it on her behalf and she wouldn’t have to do it alone.

I had never dealt with dwp before and I didn’t think it could be that bad. It was only when we had to go for a mandatory reconsideration and complain about discrimination that the more I looked into this and the more I looked into my
partners past. I realised a lot of the things that the dwp did to my partner were wrong and she didn’t even realise. She did complain to them at the time on several occasions but because of her issues she suffers from this was never taken seriously at all.

When i I found out about the court hearing and that the dwp were having to look into the errors they had made knowing my partner was one of them I asked for her older claim to be reconsidered but also before that she had been wrong advised. I found out we could appeal that also.

The dwp reviewed my partners old claim when we made the new claim without consulting us and straight away sent out a letter saying that my partners original claim decision was right.

I have had to get my partners mail sent to me because my partner a lot of the time doesn’t open letters and doesn’t even know what they are because of her issues.

With the problems we were having with PIP on this case we had to move as we lost our home. By the time I found the letter I already had appealed. However the DWP told me that they had registered the mandatory reconsideration and every time I rang them they said it was processing. only to find out it was registered until the last part of last month.

They have now sent sent a letter acknowledging it is their fault. It has now been sent to the lay department. We have told them all our reasons in detailed complaints also. When we received this letter we had no idea what the department was.

Doing some one research I came across something called the lay rules. I didn’t know if this was a good thing or a bad thing that my partners mandatory reconsideration had gone to this department.

Are they trying to say my partner did not put her mandatory reconsideration in in time? Because if so we have already detailed why and will challenge this.

Or or is it because the original claim was over 13 months ago? As we were lead to believe.

Sorry for for the long post and hope you can help

poppy123456

I really do advise you to get expert face to face advice with this from Welfare rights because if's far to complicated for an internet forum. We don't know all the details about the case, which will make it impossible to give the correct advice.

This link will help you find what's in your area.

https://advicelocal.uk/

atlas46

Hi @G2019

As @poppy123456 has outlined, you need to seek expert welfare rights advice, to advance your partner’s case.

I would also suggest you formulate a timeline of events, with supporting evidence, this will greatly assist your potential welfare rights adviser.

In particular, you should evidence the incidents of domestic violence against your partner.

Keep us informed.

Fetlock

The lay rules team covers disallowances for such things as failure to attend, failure to return forms in time and such like.

If there is proof on the system that the mandatory reconsideration was requested within the 13 month absolute deadline and it was DWP's error that it was never actioned, or there's no proof at all for that matter then I'm guessing - as no idea - that a lay rules decision maker has to look into the circumstances first.

littleruthie123

If this relates too the new ruling on mental health part of the planning a journey then you can still appeal it .I'm currently doing that now it might not be but just a thought.yoyr right it's so complicated.especialky if you haven't done it before.good luck with everything.welfare rights are quite good .and the boards on here can be really helpful. Good luck ??