Will mandatory reconsiderations before appeal apply to contributory ESA from 29 April?

The December 2012 issue of the DWP’s Touchbase newsletter said:
“DWP intends to introduce mandatory reconsideration and direct lodgement in:
• April 2013 for Universal Credit and Personal Independence Payment
• October 2013 for all other DWP administered benefits and child maintenance cases.”

However, the draft regulations actually seem to be saying that mandatory reconsiderations will apply to C-ESA and CJSA, but not IRESA or IBJSA, from 29 APRIL 2013:

Reg 1 of The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 gives a commencement date of 29 April. http://www.legislation.gov.uk/ukdsi/2013/9780111531556/pdfs/ukdsi_9780111531556_en.pdf 

Reg 7 of the regulations refers to mandatory reconsideration before appeal.

So, will the new rules apply to ESA from April or October?

The implications could be very confusing if they apply the mandatory reconsideration rules to C-ESA in April but don’t apply the rules to IRESA at that stage, since many people will be trying to claim both types.

Can anyone clarify this please?

Does this actually apply to the new versions of C-ESA and C-JSA that will run side by side with UC?

So that would mean that the mandatory reconsideration applies to CESA claimants in the UC pilot areas from 29 April, but doesn’t apply to ESA claimants elsewhere until October 2013?

That makes sense (in as much as any of this makes sense!)

thanks.

This is going to be a right mess as claimants fail assessments (upsetting for many) switch to JSA and then back to ESA at appeal stage as, invariably, the failure determination will remain unchanged at the re-consideration stage.  Many will be wrongly advised.  The DWP admin system will groan under the weight of taking ‘claims’ on and off the system and there will be long delays in payments going out.  Already distressed claimants will teeter on the brink of what will be, for them, the seventh circle of Hell.

I wonder if you can confirm the situation regarding the new mandatory reconsideration and appeals process.

we are aware that under the new benefits (PIP, Universal Credit) that there will be a mandatory reconsideration process before asking for an appeal. The information we have is that this will apply in the ‘pilot areas’ for the new benefit but not apply for other areas until 28 October 2013.

However, we have noticed that a recent ESA decision notice ESA65 01/12 from Coatbridge BC does not mention the appeals process and just advises them to claim JSA or contact Jobcentre if you want us to look again at this decision.

It is worrying that the appeals process seems to have disappeared from their letters before the reconsideration process has began and it is not clear that they can then appeal the reconsideration decision. This will be confusing for clients and may result in losing opportunity to challenge the decisions. 

Can you please confirm whether the reconsideration process has actually started from April and not October as stated?