Cannot reinstate ESA appeal rate in full UC area

Hello

I’ve lurked for a long time on these forums picking up huge tips and excellent information so I thought I’d join the party so to speak with my first post.

We’re having a few problems with the DWP refusing to reinstate a claimant’s ESA during an appeal (after the MR stage of course) purely because they live in a full service area. I had an argument with the DWP on the phone yesterday about it and when it was referred higher, the WCA team (whatever that is) also confirmed that it was no longer possible to reinstate ESA in these areas under any circumstances. I insisted this does not require a new claim and the person should not need to claim UC.

I can see this has been a point of contention in the past and I have browsed the CPAG bulletins which confirms by viewing of the rules but that CPAG were aware that this is causing a problem. So I believe it is possible to reinstate ESA in this scenario (provided JSA or UC has not been claimed) and it does not require a new claim for anything. However the DWP are not having it even going as far as saying it is ‘not possible at all’

This raised another question, if someone wins an appeal at a tribunal and they have somehow managed not to claim anything in that period, surely a successful appeal can reinstate ESA entitlement so surely the above is the same principle. It is the reinstating of the benefit without a claim is it not? Or are we saying even that even a successful appeal cannot possibly reinstate ESA entitlement in a full service area too and a new UC claim must be made.

Is there anything I’m missing here? Has new guidance been issued that I have missed or is there new regs on this? Is it simply ‘not possible’ in a full service area for an ESA claim to be reinstated pending an appeal or even after the conclusion of a successful appeal?

Any help or comments would be much appreciated. Thanks

Just checking, ESA didn’t stop for failure to attend medical assessment rather than failing WCA? In which case it will not be paid whilst appeal ongoing.  Other than that I think you are correct.  ESA can be ‘reinstated’ whilst appeal ongoing even in UC FSA

Very odd, we’re full service here for UC and have been for nearly a year and have not encountered this problem (although we did anticipate it happening!). 
Has the client provided a fit note to the DWP?

We had similar problems at the start of full service. We just kept escalating and it did resolve. We have consistently (and continue) to get ESA reinstated in a full service area.

We first escalated it to the Benefit Centre Manager, and then also through a Citizens Advice DWP liaison contact. We’ve had no problems since. This would have been in about autumn 2016.

Keep pushing and you’ll get there! They’re wrong.

Thank you all for such quick responses. I thought I was going nuts yesterday, it was basically ‘we’ve checked everything and we’re right and you are wrong’ and to top it off they were not willing to put it in writing to me. In fact I’d never encountered an operator so insistent they were right, they usually err on the side of caution a little bit.

It was a ‘normal’ WCA failed medical and not a failure to attend a medical case. Yes fit note was provided also.

I’ve drafted a complaint letter so I will see what I get back. Our cases are in different areas of London as well so it’s not just confined to one new full service area which made me wonder how big an issue it potentially is.

I’ll keep pushing it. In the meantime it’s the claimant yet again that has to put up with this nonsense.

Thanks again

We were among the first “pilot” FSUC areas and assessment rate ESa is re-instated once the FTT receives the appeal and sends notification that it’s been received to the DWP. Claimant must provide med. cert.  As someone else said: They make endlessly stupid mistakes. Just persist. 
And yes, if they don’t claim JSA or UC they remain on ESA if they win.
HB should only be suspended and can be re-instated on grounds of nil income. This is not a new claim either.