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Mandatory revisions before appeals
i don’t think it’s typing error -
in explanatory memorandum to Tribunal Procedure (Amendment) Rules 2013 says -
‘Amendments to these rules come into force on 8 April 2013 to coincide with the
introduction of mandatory reconsideration; save for Rule 27 (time limits for responses)
which comes into force on 1 October 2014. This is to allow for the new procedures to
bed down and avoid any detrimental impact on operations and tribunal users.’
here’s a link to memorandum -
http://www.legislation.gov.uk/uksi/2013/477/pdfs/uksiem_20130477_en.pdf
Could anybody help me with a query that is making me scratch my head a bit (!!)
If somebody is challenging thier ESA decision that they do not have lcw and therefore should sign on - are they able to sign on if we have sick / fit notes from GP whilst challenging the decision? Would JBC+ DM’s not deem client as being able to actively seek work if they have a sick / fit note and therefore not allow them JSA?
A sicknote is not in itself a disqualification from JSA. The problem is often (a) convincing new claims or the jobcentre that they are claiming the “right” benefit, and then (b) the claimant has to agree to a jobseekers agreement which might place reasonable restictions on availability for work in light of their health conditions, but still leaves a realistic sector of the labour market available. It’s generally easier to go for basic rate ESA pending the appeal outcome instead, if it’s available. See CPAG p211 and 444.
Hi. Thanks for your responses. Regarding JSA and the ‘sick note ’ I know about getting ESA and basic payment now when challenging, my understanding of new mandatory revisions rules are that esa basic payment won’t be paid until recon decided and if need be client needs to put in an appeal ... Therefore I was wondering if sick note would prevent JSA payment or job centre staff allowing claim when income will be much needed!
Similar point discussed here.