13 weeks, no assessment and payment of WRAC

Does anyone know anything about the challenge to the interpretation of the rules that only the basic rate will be paid, even after 13 eeks, where no assessment has been carried out? There was an article in the CILEX journal - not sure if I can upload it here (it’s the first result here: http://www.cilex.org.uk/cilex_journal/journal_home/search.aspx?terms=benefits but I don’t have access to this).

It was a successful claim in the First-Tier Tribunal for WRAC to be paid from week 13 even though there was no assessment. Is this something which has succeeded or is likely to succeed again?

I that case, the client had signed off the benefit and found work by the time the Tribunal ruled. What if you push this and get the WRAC before an assessment but are then assessed as fit for work? Could this cause an overpayment or will payment simply stop from the date of the assessment?

Thanks
Matt

Please see my post on previous page entitled “Employment and Support Allowance - payment of WRAC. I have won the arguement at three different First Tier Tribunals but for your info the DWP have just obtained leave to appeal to the Upper Tribunal on this matter. I believe one of the DWP’s concerns is that if a client failed to attend an ATOS medical let’s say at week 11 due to stating they were too ill to attend the medical (and then argued just cause) then the WRAC would be paid after week 13 when it was possible that the client could have failed the medical had he/she attended!