ESA for student - automatic LCW?

Daphne - 09 October 2018 01:29 PM

Elliot Kent - 09 October 2018 09:27 AM

If stakeholders are still looking for examples, that might be one…

I have sent them a little email mentioning it along with another example that has been sent to me…

I have now had another reply -

Colleagues have confirmed that It’s clear from the information provided that the case in this instance has been dealt with incorrectly.

Looking at the case this claimant is now already in receipt of the correct benefit and from the correct date, therefore there is no further action to take in this instance.

The site in question has been identified and appropriate action has been taken to ensure that the Decision Makers on site have the appropriate training.

We have also issued further reminders out across all sites as a reminder with the option to contact our guidance teams should any questions arise.

DWP must however state that while the case provided was incorrect, we are however still content that the overall guidance provided to Decision Makers is sufficient.

So basically when confronted with the fact that they’re doing it wrong they’ve said oh yes we are but still think the overall guidance is sufficient! If anyone has any cases where it’s still going wrong then please feel free to DM me a NIno and brief info and I will go back to them.

Daphne - 07 November 2018 10:36 AM

So basically when confronted with the fact that they’re doing it wrong they’ve said oh yes we are but still think the overall guidance is sufficient! If anyone has any cases where it’s still going wrong then please feel free to DM me a NIno and brief info and I will go back to them.

But as reported yesterday McVey says:
Make no mistake: this is a Department that listens and a Department that will continue to listen, adapt, change and deliver…
We have and will continue to take on board the advice of experts and charities.

DWP must however state that while the case provided was incorrect, we are however still content that the overall guidance provided to Decision Makers is sufficient.

I don’t think there is really a dispute about the quality of the guidance provided to DMs as such. The guidance is clear. The problem which is illustrated by that case is that DMs are failing to spot those cases which go outside the norm and rely on these more obscure exceptions.

Can someone please point me to which Regs specifically treat disabled students as having LCW when in receipt of PIP rather than DLA? I can only find reference to DLA in all the legislation I can track down. Thanks.

Regulations 33 and 18 of the ESA Regs 2008

Thanks Daphne. It was the amendment to those Regs by the The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (SI 2013/388) that I couldn’t find anywhere on legislation.gov.uk. Where does your uptodate link come from? Or rather, do you know why it is not uptodate when I search for it?
Edit
I don’t expect you to be a mind reader obviously, I just wondered if you might know where I was going wrong?

BC Welfare Rights - 22 November 2018 03:13 PM

Thanks Daphne. It was the amendment to those Regs by the The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (SI 2013/388) that I couldn’t find anywhere on legislation.gov.uk. Where does your uptodate link come from? Or rather, do you know why it is not uptodate when I search for it?
Edit
I don’t expect you to be a mind reader obviously, I just wondered if you might know where I was going wrong?

You have to be a bit careful with legilsation.gov.uk. The non-pdf stuff is sometimes not fully up to date and, even where it is, you have to be careful to make sure you’ve selected “Latest Available (Revised)” on the left hand side not “Enacted (As Made)”. As the enacted version is the legislation as first passed not what’s current. Then you have to be wary of the fact that they keep versions of all the pdfs as changes are made so clicking on a pdf link via a google search could end up taking you to an older pdf rather than the current version.

Hi BC - I got it from this page - http://www.legislation.gov.uk/uksi/2008/794/contents - normally I use the web version which has the red box above which tells you what changes have yet to be added. For some reason on this one there isn’t a web version - just a pdf version which you’ll see it says has changes up to 31/8/18 (although even then sometimes there are mistakes - see https://www.rightsnet.org.uk/forums/viewthread/13704/#64110). Or you can get the pdfs from the left-hand side.

As CHAC adviser says you do need to be a bit careful but generally accessing directly via the legislation.gov.uk site is the best way I think.