Payments on Revision

Hi,  I’m new to Welfare Rights and something I wanted to check on is payments during a revision or recon. I’m aware that when a client completes a GL24 and wishes to proceed with an appeal that once their GL24 is received their benefit is released under ‘pending appeal’ rules.  However, Can anyone clarify if the same rules apply if a GL24 isn’t filled out but a reconsideration/revision is asked for?  Basically, does a client receive benefit payments when they are asking for a revision/recon.
Cheers

Hello and welcome,

I assume you are talking about ESA? If so only submitting an appeal means the ESA carries on being paid. This is because appealing has the effect of extending the assessment phase, asking for a recon doesn’t.

If you are new to welfare rights my top tip is to insist that your organisation buys you a CPAG handbook http://www.cpag.org.uk/publications/WBTCHandbook/default.htm . Every welfare rights worker has one – it is invaluable and great for getting the answers to these questions (and I don’t even work for or have shares in CPAG!)

Jane

Thanks Jane, I was talking about ESA so thanks for clarifying.  I had a look at the CPAG book but couldn’t see anything specific to payments during a revision.  Does the same apply to other benefits such as DLA?

Hi, 

the stuff about ESA pending appeal is page 210 of the 2012 book. But I see your difficulty now – if you look for a rule and can’t find it, it’s difficult to know if that’s because it doesn’t exist or because you can’t find it!

It only applies to ESA, a similar rule used to apply to the previous Income Support / Incapacity Benefit system which allowed you to get Income Support pending appeal.

With other benefits there isn’t any similar rule about payments pending appeal. But you carry on getting whatever award the decision under appeal gave you because that decision still stands unless the tribunal (or the DWP) changes it. So if you get low mobility DLA, but think you should also get some care component and appeal you carry on getting low mobility whilst you wait for the appeal to be heard.

When you only had to wait a couple of months for your appeal to be heard this wasn’t such an issue!

Jane

Also bear in mind that in some circumstances payment stops in ESA, even while an appeal has been acknowledged. If a client does not attend his medical (work capability assessment) without showing good cause then ESA will stop and not be reinstated until either good cause is accepted, or another WCA arranged and the outcome of the WCA established. Some of my clients have had to claim JSA instead as they feel they cannot wait for ESA WCAs to be re-arranged as they can take months.