header-logo header-logo

11 August 2017
Issue: 7758 / Categories: Legal News , Discrimination
printer mail-detail

Upper Tribunal rules DWP acted unlawfully

The government’s time restrictions on access to the social security appeals system are unlawful, the Upper Tribunal has ruled.

Since 2013, social security claimants wishing to challenge a refusal of benefit must apply for a ‘mandatory reconsideration’ before they can appeal to an independent tribunal. The Department for Work and Pensions (DWP) refuses to allow the appeal if it decides a mandatory reconsideration application has been made too late.

The Child Poverty Action Group (CPAG) brought a test case on behalf of CJ and SG, two women with serious health problems, who were refused employment and support allowance and made late applications to challenge the refusal decisions. In both cases, the DWP initially refused to allow the appeal but it was subsequently established that the women were entitled to the benefits.

The DWP argued that its decisions were lawful as they could be challenged by judicial review. However, the Upper Tribunal observed that out of 1,544,805 mandatory reconsideration decisions since 2013, nobody had managed to bring a judicial review.

The Upper Tribunal unanimously held the Secretary of State’s position unlawful as it would make the Secretary of State ‘gatekeeper to the independent tribunal system’. It held the correct position is to give the claimant 13 months from the original decision to make a mandatory reconsideration request, in R (CJ) and SG v Secretary of State for Work and Pensions [2017] UKUT 0324 (AAC).

CPAG’s legal officer Carla Clarke said: ‘This decision ensures that even if the DWP thinks there is no good reason for their delay, it cannot prevent such individuals pursuing an appeal before an independent tribunal. To have found otherwise would have been to uphold a system where the decision maker also acts as arbiter of whether an individual could challenge their decision or not—a clear conflict of interest and an affront to justice.’

Issue: 7758 / Categories: Legal News , Discrimination
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

JMW—Belinda Brooke

JMW—Belinda Brooke

Employment and people solutions offering boosted by partner hire

NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
back-to-top-scroll