Suspension of ESA pending compliance visit.

Man lives with Ex-partner.

ESA (Income Based) stopped due to impending compliance visit. Presumably to view whether maintaing a common household (or the catchy LTAH&WoCP;.) ESA CB in payment.

Mr states been visited by compliance twice previously with no issues. Separate lives, no children. Negative equity in house, stale market etc.

Been suspended for two months now as Mr Compliance is busy busy and has had no help with mortgage in that time.

Mr says no obvious change of circs other than more time passed with the same circs.

Are the powers of supension the same as SSA 1998?

I think an MP’s letter will speed up the process.

The powers for suspension are provided for by the Social Security Act 1998.

The DWP has produced a Suspension and Termination Guide for Decision Makers available via toolkit or directly @ http://www.dwp.gov.uk/publications/specialist-guides/suspension-and-termination/

I’m not sure if this will be of use to you but it does stress to Decision Makers the need to be aware of the possibility of judicial review and the steps they should take to ensure a suspension decision is not subject to such a successful challenge.