ESA Late Appeal or Late MR?

You need to challenge the sanction. You’d need to establish good cause for failure to participate; what are client’s health problems (or can I guess…)?

A new claim is needed but prepare for it to be awarded at the sanctioned rate, i.e 10p a week. If the new claim is awarded could you get someone to take her to a WFI? Maybe persuade them to do it over the phone and have either yourself or a support worker present to support? That’s quite common round these parts.

I’d cover all bases; appeal for the Support Group, check the date the sanction decision was notified to see whether it’s MR or appeal lodged with the decision maker then challenge that.

As regards the sanction decision, have a shuftie at DMG 2/14 for guidance. 

Finally, if it’s your client’s health problems that are at the root of her failure to engage then there may be a cause of action under the Equality Act and I’ve found a 1st letter before action to be a very effective lubricant to getting situations like this sorted out. A call to Civil Legal Advice on 0845 345 4 345 might be a plan or alternatively I know a very nice man…

http://www.rightsnet.org.uk/forums/viewthread/5617/#23454

Tony Bowman - 04 June 2014 02:29 PM

Just initial thoughts….

3. New claim. This is a bit more tricky because of the six month rule. I don’t think it’s likely to apply because the claim was probably closed due to a failed info requirement, but that won’t of course stop the JC trying it on. They may have made the decision on other terms, so you should probably confirm that first. Also check if a new claim would link to the old one (12 weeks linking rule).

Does the 6 month rule apply for reg 18 D&A termination? This was a failed compliance inquiry rather than WCA/failure to return ESA50

Thanks for the replies Tony and Dan.
I will be taking your advice and covering all bases.
She does have as you suspect Mental Health Issues which are at the root of her non-engagement, unfortunately.

Thanks again, Greg