This could have serious repercussions for the Conservative government.
Suddenly, instead of dismissing appeals for mandatory reconsideration from people who were not able to submit them in time, ministers have been told benefit claimants must have a right to a tribunal.
It’s a game-changer, and it could save lives.
What does that tell us about the Tory policy that refused people this legal recourse?
Senior judges from an Upper Tribunal have ruled that Theresa May’s government has been acting illegally. And once again, those affected by the ruling are some of the most vulnerable people in the country. The judgment means that the government has likely been screwing over thousands of disabled people who will now potentially be affected by the ruling.
The case was brought by two people who failed to appeal the decision to stop their Employment and Support Allowance in time. Current Department for Work and Pensions (DWP) rules state that the first stage of appealing a decision – a mandatory reconsideration – needs to be lodged within a month.
These claimants didn’t make the deadline because of their “extenuating circumstances”; both have mental health issues along with other problems. But the DWP initially refused to hear their appeals or allow them to present their arguments to a tribunal. So with the help of the Child Poverty Action Group (CPAG), they took the case further.
The problem with strict time limits for people with health conditions should be obvious. They may have issues that do not always allow them to appeal quickly. And this is something the Upper Tribunal judges thought should be “obvious”.
They ruled that: “We have concluded that as a matter of statutory interpretation a claimant in such circumstances has a statutory right of appeal to the first-tier tribunal.”
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