ESA claim closed for ESA50 being late.

Hi

My client sent her ESA50 back very late due to forgetfulness.  The ESA department have now closed the claim down.  The ESA department have said that she has two options, appealing or making a new claim. 

Appealing seems like a non-starter because its the client’s own fault.  If she makes a new claim will the ESA department be willing to make ESA payments at the assessment rate? 

Thanks

iut044 - 05 September 2013 11:25 AM

Hi

My client sent her ESA50 back very late due to forgetfulness.  The ESA department have now closed the claim down.  The ESA department have said that she has two options, appealing or making a new claim. 

Appealing seems like a non-starter because its the client’s own fault.  If she makes a new claim will the ESA department be willing to make ESA payments at the assessment rate? 

Thanks

my experience is they usually reopen the claim when the form is received unless its been a very large delay.

could you not appeal and argue they should have suspended rather than closed the claim?

stevenmcavoy - 05 September 2013 12:19 PM

iut044 - 05 September 2013 11:25 AM

Hi

My client sent her ESA50 back very late due to forgetfulness.  The ESA department have now closed the claim down.  The ESA department have said that she has two options, appealing or making a new claim. 

Appealing seems like a non-starter because its the client’s own fault.  If she makes a new claim will the ESA department be willing to make ESA payments at the assessment rate? 

Thanks

my experience is they usually reopen the claim when the form is received unless its been a very large delay.

could you not appeal and argue they should have suspended rather than closed the claim?

Thanks for your help Steven, its been a very long delay.

And, check they’ve complied with the provisions of reg 22(2) of the ESA Regs.

Failure to provide information in relation to limited capability for work

22.—(1) Where a claimant fails without good cause to comply with the request referred to in regulation 21(1)(b), that claimant is, subject to paragraph (2), to be treated as not having limited capability for work.

(2) Paragraph (1) does not apply unless–
(a) at least 4 weeks have passed since the claimant was sent the first request for the information; and
(b) the claimant was sent a further request at least 3 weeks after the date of the first request, and at least 1 week has passed since the further request was sent.

Would any of the relevant health problems have caused or exacerbated the forgetfulness? Any extenuating factors for delay (bereavement etc.)?

The case is more complicated than what I first thought.  The client was sent an ESA50 but it was lost in the post.  She was then sent another ESA50 and then sent a reminder letter.  However, the reminder letter was sent within three weeks of the client receiving the second ESA50.  The ESA department are advising that she asks for a reconsideration. 

However, I am a bit concerned that the reconsideration may fail.  Would it be good idea to make a new claim as well as ask for a reconsideration?