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Are Local authorities getting non-dep deductions wrong for people in the ESA assessment phase ?
Agreed, that’s correct. There was originally going to be an amendment to the HB&CTB; D&A Regs to make this clearer but DWP decided that it wasn’t necessary because the Regs already delivered the policy intention. Except of course it isn’t obvious because the odd council still does what the authority did in your case. Sometimes more regulation aids simplicity.
Brilliant post. We have similar problem with an authority in our area. But they just apply the non dep deduction as standard from 13 weeks point on the basis that that’s how long the assessment phase lasts. Except it doesn’t. And as you point out, that’s not what the law says. It says a deduction applies where the non dep has a component in there ESA.
It is complicated by the fact that ESA tell me that their system shows a claim as ‘main phase’ after 13 weeks, even if still on assessment rate and no component awarded as no assessment yet done. It matches what a certain LA tells me about a couple of cases of mine.