inaccurate ESA assessments, a different spin

We’ve been groaning about migration decisions for a while but what about WCA decisions? Missing EDPs (and in the case I have in mind possibly SDPs) that should have been awarded when someone is placed into the Support Group on assessment.

I’ve just spotted one that should have gone back to 2013. I’m just praying that he made an IR claim when he called.

I know that the dept has been ruled to be responsible for looking at any IR top ups at the point of conversion from IB to ESA.

Official error , and extra premiums are backdated to the point of conversion. (CE277/2014)

“.....to talk in terms of the client having to ‘claim’ the EDP or income related ESA is, at least in the context of the conversion context simply wrong and misplaced”...

I wonder how far that principle of duty extends to people just being put into SG of CBESA who werent on IB beforehand?

Same argument as far as im concerned : People who claim benefits should reasonably expect the DWP to ensure they get everything they are legally entitled to. If the DWP cant get it right how can they expect the claimant to?

benefitsadviser - 04 August 2017 11:38 AM

I know that the dept has been ruled to be responsible for looking at any IR top ups at the point of conversion from IB to ESA.

Official error , and extra premiums are backdated to the point of conversion. (CE277/2014)

“.....to talk in terms of the client having to ‘claim’ the EDP or income related ESA is, at least in the context of the conversion context simply wrong and misplaced”...

I wonder how far that principle of duty extends to people just being put into SG of CBESA who werent on IB beforehand?

Same argument as far as im concerned : People who claim benefits should reasonably expect the DWP to ensure they get everything they are legally entitled to. If the DWP cant get it right how can they expect the claimant to?

 

In the case I had in mind this has been overtaken by the fact that I notified JCP of the PIP award back in 2014, that aside he was due the EDP on assessment but that didn’t happen. This is a live issue on another of mine. JCP’s retort in the other claim was “we didn’t think about the capital, we just put him in the support group!” and if CTS don’t accept the appeal this time round it’ll be on it’s way to the UT.

JCP refused to accept that the SG placement last year included a decision on his capital; whether they thought about it or not. When they finally did the recon regarding capital they issued what they allege is a first instance decision insisting we’d need to request another recon before appealing. CTS are considering accepting the appeal as I type.