ESA claim closed due to client error: is there a decision that can be appealed?

Hi all,

I have a client with severe mental health issues in receipt of highest rates PIP.

She was in receipt of ESA with the support group (and SDP) until April this year.

She had been investigated by DWP before for having undeclared income (turned out to be false) and was left completely paranoid about her claim.  So when she received £4k unexpectedly, she just asked DWP to close her claim. 

She now realises she made a mistake. 

DWP saying she cannot reclaim ESA and has to make a claim for UC.

My questions:-
- There is no decision letter; but presumably a decision was made that can be appealed?
- If an appeal, I assume I can put in a late MR?

Any thoughts gratefully received.

In solidarity,

EKS

Your client made a request to relinquish benefit which is an application for supersession. There does then need to be a decision ending the award which is in theory capable of appeal. The claimant’s request will generally be effective unless the claimant lacks capacity or there is a similar issue - your client couldn’t appeal the decision just on the grounds that they have changed their mind.

DMG 04120 onwards provides some further guidance.

You don’t mention housing costs - any chance she has an ongoing HB award which includes the SDP?

Thanks Eliot - will look at the guidance to see whether I can argue lack of capacity.

Mairi - good point and unfortunately not.  Trying to get the ESA back in place (with the SDP) so she can make a claim for HB before the SDP gateway closes.