How does mandatory reconsideration differ from supersession?

Matilda · December 2016

BenefitsTrainingCo · December 2016

Hi Matilda

A mandatory reconsideration should be used when someone disagrees with a decision because they think the decision is wrong. This is usually a dispute about the facts and usually must be requested within a month of the decision being made. Sometimes you can request a mandatory reconsideration late. The important thing about a mandatory reconsideration is that if your request is successful you are paid arrears going back to the beginning of the claim.

A supersession is usually used because a decision made in the past is no longer correct due to a change of circumstances since the decision was made. In practice this term is rarely used, instead people contact the benefit office and state that their circumstances have changed. The benefit office then collects the relevant information/evidence and makes a new decision, superseding the last one. If you disagree with a supersession you can then request a mandatory reconsideration (and then appeal if you still disagree).

I hope this helps
David

Matilda · December 2016

Thanks, David.

treemoth · December 2016

Dear David
Thankyou for replying to Matilda. I wonder if you could help me. My son did not attend a medical assessment because he was confused I think. Then he did not send in the form to explain why he had not attended. Understandably really his benefit was stopped. From what you have written above it does not look like mandatory reconsideration will work for him as he did not comply, even though this wasn't really deliberate and he still needs ESA.
What can he do next. He is not fit to work.
Treemoth

BenefitsTrainingCo · December 2016

Hi Treemoth,

It may well be worth asking for a mandatory reconsideration, depending when his benefit was stopped. It may be possible to change the decision, especially if it was less than a month ago. Your son might have what is called 'good cause' for his failure to attend, and then his failure to understand that he needed to return the form. Perhaps the system isn't set up for someone with your son's needs - if, for example, the nature of his condition means he didn't understand what was required, it's also worth complaining and stating that the system isn't accessible for him - this could be disability discrimination.

The DWP is meant to safeguard the needs of people with mental health conditions, and if they haven't been able to contact the claimant, they should carry out a home visit before stopping benefit in this situation. Maybe post back if that could apply to your son, and we can explore it further.

For the time being I think your son should request a mandatory reconsideration of the decision stopping his ESA, explaining his confusion and any connection to his condition. He should also reclaim ESA in case this doesn't work - but he won't get it before the medical I"m afraid, unless he's got worse, has a new condition or it's at least six months since the decision to stop ESA.

Do complain as well if you think the system didn't work for your son, particularly if that is linked to his condition.

Will

How does mandatory reconsideration differ from supersession?

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