New ESA claims and deterioration

I am finding that where a claimant puts in a new claim for ESA within 6 months of being refused ESA their claims are not being paid until they attend a medical even though their sick note clearly states a “Deterioration ” in their health condition. I never used to have problems with this. Anyone else noticed this?

Also can anyone point me in right direction re: regulation that states a new claim should be paid where there is a new condition or deterioration? I can’t seem to find it and have never had to quote it before.

Thanks

Thanks Tony, that’s v helpful.

This claimants ESA stopped in Nov 13 because they did not attend the medical due to severe MH problems. She has lived as a virtual recluse ever since on no income. Is severely underweight and has neglected self care - GP very concerned about her weight which has dropped to under 6 stone etc. GP has written a great letter which clearly shows her health has significantly deteriorated…

Another thought….

When I rang the JCP about this claim they said that the Decision Maker had decided she wouldn’t be paid until she went to a medical. Shouldn’t this decision (not to treat this new claim as a “significant deterioration”) be notified to the tenant in writing and then have the same mandatory recon/appeal rights?

Thanks Tony. Will see how I get on.

Hi Jo

Have you appealed against the failure to attend decision? There’s new guidance in DMG memo 2/14 that you could probably twist to your advantage…