failure to attend WCA, Reg 30 and no money

You will all be familiar with the scenario:

- claimant fails to attend WCA and good cause is not accepted by DM
- claimant appeals and makes a new claim for ESA
- ESA cannot be paid until a new WCA takes place due to ESA Reg 30 (no new medical condition or significant worsening.
- new WCA on new claim is delayed because of general backlog at DWP/Atos
- appeal will not be heard for months due to backlog at TS and DM will not revise the decision following submission & additional evidence
- client has no income and DWP direct them to Crisis Loans - maximum of 3 loans are received.
- adviser attempts to get an interim payment but DWP say ‘we don’t make interim payments’ or words to that effect (even if a written request is made).
- other formal / informal representations to benefit centre / appeals section etc have failed
- MP is contacted to take up the case

claimant now has no money and no prospect of getting any until either:
(1) appeal is heard and won
(2) WCA is arranged and ‘passed’
(3) a claim for JSA is made (and DWP accept meets JSA conditions given their health conditions) and the new claim for ESA is withdrawn (DWP argue withdrawal is required)
(4) action for judicial review or similar is taken due to delays / failure to properly consider interim payments.

Given the build up of delays with WCA due to migration, appeals, restriction of Crisis Loans, no procedure within DWP to consider interim payments etc etc the number of claimants left in this situation can only increase.

Given that they cannot get any form of ‘hardship payment’ arguably they are left in a worse situation than a claimant who is sanction under JSA etc.

Also I’ve never met a claimant who wilfully failed to attend a WCA and the usual reasons include non-receipt of the appointment letter, failure to deal with the letter or otherwise comply due to mental health condition etc etc. Reasons which are normally accepted as ‘good cause’ once the appeal is actually heard.

We would be interested to here of any tactic (short of issuing notice on DWP solicitors of intended judicial review action) that has worked for your clients.

Ta!

Hi… I have an almost identical case with the added trauma that HB have stopped payment of his rent and the Bailiifs are coming next week to evict him and he may be on the streets.

If he applies for JSA and persuades them he is looking for work he will at least not be evicted on to the streets, but would loose any chance of an ESA appeal backdate and he would be charged with an HB overpayment.

If he can continue the ESA appeal this will take weeks.

If he waits until 6 months after the origonal claim for ESA he could make a new claim.

I think my only option left is Social Services under the 1948 National Assistance Act for destitute persons.

Why has HB stopped,if it is only because he is no longer getting ESA then surely he should be able to make a fresh claim under his new circumstances?

HB will not have terminated but simply suspended (unless it has been terminated following suspension).  He should simply take the ESA decision (and maybe a current bank statement for good measure) to his LA and make a nil income statement.  HB should then be re-started.  If it has been terminated then, yes, he just makes a new claim.