ESA - payment of benefit during a Mandy to get client from WRAG to Support Group.

Hello, client has a probable claim for Support Group based on mental health issues, she has just been awarded WRAG. I am keen to get her Support to reduce the stress of WFIs etc.

Rang JC+ for a Mandatory Recon. Was told that her entire WRAG payment would stop pending a decision even though the Mandy is about an ongoing award, not a disallowance. Unable to persuade worker otherwise. My client is now freaked and will not consider going ahead until I can quote chapter and verse saying that her money won’t stop.

I am now thoroughly lost in a soup of DMG update memos, etc. Can anyone clarify the position and point me at a reg? Or am I just wrong and an ongoing award does stop pending a recon decsion?

This is just getting worse.  A decision awarding benefit (with certain exceptions) is an open ended decision which requires a supersession under reg 6 of the Decisions and Appeals Regulations 1999 or a revision under reg 3 of those regulations on a specified ground (usually change of circumstances, official error, mistake as to a material fact, etc) in order to alter it or bring it to an end.  It cannot be altered on the sole basis that the claimant has asked it to be reviewed, until, of course, the decision is actually revised.

If the law on that has changed in the proverbial last 5 minutes then I’m going to hand in my notice tout suite and go back packing around the M25.

Big thanks nevip. That was kind of what I was thinking, which would explain why I can’t find a specific reg saying what is and isn’t payable during an ESA mandy. I just hope that I can use it to reassure my spooked client.

Unless of course JC+ think they can just suspend because of reasons…

.(JavaScript must be enabled to view this email address) head of ESA Canterbury if that is where her claim is dealt with.

A “Mandy”... I like that!

Yes, me too. Has a much better ring to it than an MR doesn’t it?

I’m Mandy, fly me!

Mandy and Emma?

I can see the Dept embracing this softer language in its decision notices:

Dear claimant

Following your recent medical I am writing to inform you that we have decided to consciously uncouple you and your ESA. Going forwards, fancy a Mandy?