Employment & Support Allowance - Payment of Work Related Activity Component

hopping back several posts ...

hi gareth

best way to put up charts etc is to attach them to post

cheers ros

Didn’t think about that.  I’ll put up my moving UC calc in that conf.

It looks like a worthwhile argument.  The problem is that we often don’t see people until way after the 13 weeks has passed.  Would an any-time revision be a possibility on the grounds of official error in these cases?

i would surely think so yes

i found out the following as part of the debt work i do and a shortfall we couldnt get our heads round re: HB/CTB. ours - halton BC - have a system in place whereby if a non-dep shows they are iro assessment-phase ESA the system automatically converts it to main-phase WRAC at the 13th week of claim going live, invariably adding a NDD to the claim

i can only assume this is done to reflect the argument above that it is indeed correct for WRAC to commence at that 13th week mark, the BC’s know this but not the JCP?.....

I know a lot of authorities will put a marker at the end of the 13 weeks, to see if there has been any change because on paper there *should* be, though the reality is different. And without the non-dep’s express permission they can’t use DWP systems to check in the way they can for claimant/partner.  It’s a leap of logic, I can see where they’re coming from, but it’s not really very fair or accurate.

With reference to Mr Bowman’s reply at 12.12pm today, whether it be a revision or supersession request if the DWP reply to it refusing payment of the WRAC after week 13 then couldn’t this notification be appealed to Tribunal.

For those of you who are interested the DWP have been successful in their ‘late’ application for the record of proceedings from the the First Tier Tribunal hearing in this matter- I therefore now await a possible appeal to the Upper Tribunal.

I’ve just requested a supersession using Tony’s template above.  The claim was made in January and my client has still has not been sent an ESA50. 

What’s got me thinking is that we successfully requested backdating, and the claim was backdated 3 months to October 2011.  Does this mean that in any case where 3 months backdating is allowed that the assessment period has already ended because 13 weeks have passed and the claimant has not been assessed?

For those who are interested I have just attended another First Tier Tribunal this morning and successfully argued again that the WRAC is payable after week 13 if the client has not attended an ATOS medical and will recieve the WRAC until the client is found not to have LCFW or if/when the client terminates their ESA claim if this being the case. This hearing was in front of a different Judge to that of the March hearing. JM

This arguement soley concerned the non payment of the WRAC after week 13 and nothing to do with the client’s illhealth/disability. The arguement was based on points of law only. JM

In answer to your last this particular client signed off ESA before attending an ATOS medical therefore today’s decision was payment of the WRAC up until that date from week 13.However if a client has not attended an ATOS medical after week 13 and is awarded the WRAC on the strength of my arguement then it’s in the DWP’s interest to get the client examined asap because if the client fails the assessment then the WRAC stops - if the client then appeals then they recieve the basic payment up to Tribunal. If they win the Tribunal they get the WRAC backdated to the day it was stopped after the medical - if they fail at Tribunal then they are not backdated the WRAC to the same date. JM

Bearing in mind Mr Grayling’s last statement…

9 July 2012 : Column 63W

Chris Grayling: There are currently 20,759 ESA initial referrals open and awaiting an assessment that are in excess of 13 weeks from the date that the questionnaire was returned.

I am happy to email to anyone (time permitting) my Tribunal submission regards payment of the WRAC after week 13 up until an assessment finds the client capable of work (if this being the case).

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JM

Could you please email me a copy?

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Thanks

Please bear with me as I am away from my office until Monday and I will then email the submission to everyone who is interested. In the meantime my previous posts with explain the arguement re

The end of the assessment phase

4.—(1) Subject to paragraph (2) and regulations 5 and 6, the assessment phase in relation to a claimant ends on the last day of a period of 13 weeks beginning on the first day of the assessment phase as determined under section 24(2)(a) of the Act.
(2) If at the end of the period of 13 weeks referred to in paragraph (1), it has not yet been determined whether the claimant has limited capability for work—
(a)the claimant having been assessed in accordance with a limited capability for work assessment; or .
(b)as a result of the claimant being treated as having limited capability for work in accordance with regulation 20, 25, 26, 29 or regulation 33(2) (persons to be treated as having limited capability for work), .
the assessment phase will end when the limited capability for work determination is made. .

Could you please e-mail me a copy?

I have many clients in this situation!

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Thank you.