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uc/esa/FTT

TJL
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Derby advice - Derby Homes

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When does payment of ESA resume- when appeal has   been received by DWP (cos they’re saying   client   has to claim UC)?

Thanks in advance

HB Anorak
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I think it should be when the Tribunal notifies them of the appeal, although it might take a couple of weeks to be routed to the right office.  And no of course they don’t have to claim UC, remember the golden rule: the last people to take any notice of regarding these matters are DWP.  CPAG recommends copying the appeal to the DWP office dealing with the ESA in the hope that they will reinstate ESA quickly without waiting for the instruction to filter through official channels.

BC Welfare Rights
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Also, DWP will sometimes try to tell you that it has 28 working days to reinstate ESA claim once notification of appeal has been received. And it is not unusual for DWP to state that it has not received notification of appeal when the Tribunal service says that it sent it weeks ago…

HB Anorak
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BC Welfare Rights - 12 October 2018 01:53 PM

Also, DWP will sometimes try to tell you that it has 28 working days to reinstate ESA claim once notification of appeal has been received. And it is not unusual for DWP to state that it has not received notification of appeal when the Tribunal service says that it sent it weeks ago…

That’s interesting, I guess it’s some kind of internal target: if they don’t do it within 28 days they have failed badly, which they then interpret as meaning they can relax and take 28 days over it

Jon (CANY)
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When the MR process was brought in, DWP agreed with HMCTS that they would aim to produce an appeal response within 28 days of being notified (mentioned in passing e.g. here). I guess payment reinstatement should be related to that?

As far as the appeal response time itself goes, it’s fairly meaningless to the claimant, given that there is no time limit on either how long DWP can take to respond to an MR request, or on how long it takes for HMCTS to list a hearing. But knowing in what time window the ESA assessment rate should be reinstated is useful.