mandatory reconsideration - no benefit pending the revision decision

As benefit will not be payable during mandatory reconsideration, someone who has failed the WCA would have to claim JSA (or nothing) whereas now they would have the choice of JSA or ESA pending the appeal. This is going to effect a LOT of claimants from the end of October - and could affect people between now and 28th October if they are claiming UC, or ‘new style’ contributory ESA in circumstances where they couldn’t claim income-related ESA (because not claimable in their area due to introduction of UC).

Is anyone taking this forward as a social policy point? Is there any chance of getting it changed, at least for ESA claimants - I’m guessing not, but wondering about possible human rights arguments if these claimants then have problems negotiating a jobseeker’s agreement/claimant commitment which reflects their limitations.

Another question about this mandatory recon thing:

Client fails medical in , for example June, and asks for recon but doesn’t claim JSA.
In August DWP refuse to revise and send an SSc1 appeal form so client can then apply to Tribunal for appeal.

Tribunal service allow appeal to proceed, so therefore benefits reinstated as appeal lodged.

Will the benefit be backdated from June onwards, or from when appeal process allowed to happen?

Thanks , as always

This has been discussed here… http://www.rightsnet.org.uk/forums/viewthread/4439/

Rolling this out alongside UC makes sense because it will be impossible for someone to fall between the two stools of ESA and JSA: every claimant has to be put somewhere on the UC conditionality continuum and they can dispute that while remaining entitled to UC at some rate or other.

If as I understand it the target roll-out date for all benefits is now October 2014, presumably that is intended to coincide with the shut-down of new claims to legacy means-tested benefits.  I suppose there could still be cases where someone is refused both ESA(c) and JSA(c), but if they claim UC as well they won’t be left without an income while the application for revision is dealt with.

P.S. No, I am wrong about October 14 aren’t I - they are still planning to introduce mandatory recons generally in Oct 13

I was advised by a member of the Escalation Team, that their guidance for the timeframe of dealing with the manadtory reconsiderations, is going to be 10 days… This is in theory, so that it will have minimal interference with a claimaints pay structure (should the decision go in their favour).

Obviously, this will change when UC is brought in nationally and they will have longer to do the recons.

Jackie Starkey

(writing under my colleagues name)