Ask CPAG Online - What are the grounds for a MR?
You can ask for a MR on any grounds, but you will need to establish that:
- the relevant decision was wrong; and
- you are entitled to the disputed benefit in accordance with the law and any relevant case law.
As well as presenting the facts of your case, it can be helpful to refer to the relevant law and supportive information in the Decision Maker’s Guide or Advice for Decision Making guide or the Tax Credits Manual which is official guidance to decision makers. In some cases, you will need to show you had good cause or good reason for an alleged failure (e.g. if your benefit has been sanctioned, or you failed to attend an ESA medical).
Supporting evidence from third parties often makes a difference between a successful and unsuccessful MR application. This is particularly the case where you can submit supportive medical reports in ESA or disability benefit disputes. You should not, however, delay applying for a MR while you get medical or other supporting evidence.
You must establish that the decision you are disputing was wrong on the date it was made and based on your circumstances at that time. Your evidence should, therefore, relate to that period if possible. If your circumstances have changed since the date of the decision, you should consider making a fresh claim for benefit or asking for a supersession of an existing award.