Going back on an MR?

Looking for a sanity check.

Client is EU national who has clear right to reside as dependent family member of her working parent (who has SS). She was initially refused in May 2020 and came through to me in April 21. She had made a new claim in April ‘21 and was refused again. We did MR (on dep family grounds) and this was agreed and UC went into payment. We submitted a late MR for previous May 20 refusal on the journal.

She applied for settled status prior to the deadline, not yet awarded.

Overnight on Saturday, she got an MRN stating that she they were not overturning the original failure decision from April and she was now subject to immigration control as there was no evidence that she was a dependent family member and no evidence that she had applied for the settlement scheme. She was not prompted for evidence of either of these and UC has been in payment from April till now.

I called the UC helpline and got fobbed off as it was made by a decision maker and next step is of course tribunal. We can’t write on the journal as claim is closed.

I’m not happy! I presume DWP have an overriding ability to overturn decisions they’ve already made? I will be exploring local escalation routes but any thoughts greatly appreciated.

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