AP v Secretary of State for Work and Pensions (UC): [2025] UKUT 330 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 2 October 2025.
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Judicial Summary
The Appellant sought to challenge the treatment of his housing costs in a Department for Work and Pensions 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 First Tier Tribunal 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.