[2025] UKUT 330 (AAC)

Appeal No. UA-2025-000597-UHC

Between:

A.P.

Appellant

- v -

Secretary of State for Work and Pensions

Respondent

Before: Upper Tribunal Judge Wikeley

Decided on consideration of the papers

Representation:

Appellant: In person

Respondent: Ms U Ali, Decision Making and Appeals, DWP

On appeal from:

Tribunal: First-Tier Tribunal (Social Security and Child Support)

Tribunal Case No: SC009/24/00283

Digital Case No: 1718968251587092

Tribunal Venue: Wakefield CJC (in chambers)

Hearing Date: 7 October 2024

SUMMARY OF DECISION

The Appellant sought to challenge the treatment of his housing costs in a DWP decision to supersede his award of universal credit. The DWP declined to issue a mandatory reconsideration notice (MRN), stating that a “policy issue” was involved. In the absence of a MRN, the FTT struck out the Appellant’s appeal for want of jurisdiction. The Upper Tribunal allowed the Appellant’s appeal. The only possible construction of the DWP’s conduct was that the Secretary of State had considered whether to revise the decision under challenge and had decided not to. A mandatory reconsideration had, therefore, been carried out, and the FTT should have waived the requirement to provide a MRN with the Appellant’s notice of appeal. The case was remitted for hearing of the substantive appeal by a fresh FTT.

KEYWORD NAME (Keyword Number)

34.10 Tribunal procedure and practice – tribunal jurisdiction

45.8 Universal credit – housing

Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judge follow.

DECISION