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No ESA money during appeal
Just noticed the regs effective from 30.3.15 which will stop payment of the assessment rate during the period up to the appeal hearing!
Its the same regs that stop forever a repeat claim unless new condition or health significantly worsens (removal of 6 months).
As I still haven’t managed to get ESA back into payment after an appeal because of a JSA claim, this fills me with dread.
No, ESA won’t be payable for people who make a repeat claim then appeal the refusal of that.
It does not prevent people receiving ESA on appeal against the first determination of their capability for work. Only on repeat claims.
Edit; I was glad that DWP adopted the recommendation that the repeat claims prevention would not stretch to missed appointments and missing ESA50s; the original draft did!
Here’s a link to the rightsnet news story on the Employment and Support Allowance (Repeat Assessments and Pending Appeal Awards) (Amendment) Regulations 2015 -
and the regs themselves -
As per the Rightsnet article of last week, I note the repeat claims business is going live but there is currently nothing solid on removing the right to receive payments pending appeal. Presumably it’s a move to synchonise more closely with the way Universal Credit will operate.
. Presumably it’s a move to synchonise more closely with the way Universal Credit will operate.
I didn’t get that impression at the consultation; it appeared that they were solely concerned with people going round the new claim,WCA refusal, appeal unsuccessful and repeat roundabout.
It’s irritating though that the official line is to imply that claimants are somehow “playing the system”, rather than that there may be a (major) problem with the decision making process!
These changes will not improve the standard of decision-making! But they may prevent some claimants from receiving the benefits to which they should legitimately be entitled.
. Presumably it’s a move to synchonise more closely with the way Universal Credit will operate.
I didn’t get that impression at the consultation; it appeared that they were solely concerned with people going round the new claim,WCA refusal, appeal unsuccessful and repeat roundabout.
I see where you’re coming from. The first part, about preventing reapplications, appears to solve that. Adding that ESA isn’t payable pending a hearing would seem quite gratuitous, especially as appeals seem to be moving uncharacteristically speedily, in this area, at the moment.
It’s nonetheless interesting to hear the feeling you got from that meeting. I’ll bear it in mind.
Thank you for putting me right,
PHEW.
just to confirm - will it be new claims after 30/03/15 which wont be paid if they have failed a medical before or does the medical decision date need to be after 30/03/15?
thanks
Does ESA obtain automatically on appeal after MR or does claimant are to claim it? Should appeal for be treated as a reclaim for ESA