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The chronology
The chronology
The essential chronology is not in dispute.
On 23 April 2024 the Department superseded the Appellant’s award of universal credit (UC), awarding £946 for the assessment period (AP) of one month running from 23 March 2024. This included the sum of £577.99 by way of the UC housing costs element.
On 2 May 2024 the Appellant requested a mandatory reconsideration of the UC supersession decision. The Department stated it was unable to revise the supersession decision due to a “policy issue”. The Appellant was not issued with a mandatory reconsideration notice (MRN).
On 21 June 2024 the Appellant appealed to the FTT. However, on 7 October 2024 the FTT decided it had no jurisdiction to hear the appeal as (at least as so it had found) the Secretary of State had not carried out a mandatory reconsideration. The FTT accordingly struck out the appeal under rule 8(2) of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 (SI 2008/2685).
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal involved an error of law. Under section 12(2)(a), (b)(i) and (3) of the Tribunals, Courts and Enforce
- Introduction
- The Upper Tribunal’s decision in summary and what happens next
- The chronology
- The background in more detail
- The Secretary of State’s submission on the appeal
- The actual issue in the case
- What happens next: the new First-tier Tribunal
- Conclusions