IB TO ESA

If a person was receiving IB and recently had a medical assessment for ESA and failed…do they still have to request a mandatory reconsideration or do they still have the right to appeal straight away with entitlement being reinstated?

If they do have to claim JSA is this automatically put in place or do they need to make a new claim. Also if they disagree with the mandatory reconsideration and appeal to the tribunal, is ESA automatically reinstated?

Sorry if this sounds pretty straight forward but been out of the benefit loop for a while and not sure of the procedures.

Any advice would be of great help, thank you.

I am not aware of any special provisions for IB/ESA conversions.

If the decision was made after 28/10/13, if the claimant disagrees with the decision, s/he can only request a mandatory reconsideration, then appeal if unsuccessful. Don’t forget, late requests for reconsideration (i.e. after one month) can NOT be passed to HMCTS for a decision on whether it is too late to accept, the DWP’s word is final.

JSA does not start automatically, a new claim will need to be made from the point of refusal. However, you may have seen a piece in the news section yesterday saying that although no ESA is payable pending reconsideration, if the matter does proceed to appeal and the claimant has provided medical certificates from the point of refusal, ESA will be backdated when the appeal is lodged.

If the claimant claims JSA pending after refusal and then lodges an appeal, s/he will need to contact DWP to switch to ESA as otherwise JSA will continue in payment. S/he’ll need to send in medical certs. as well.

Thanks, for your reply Edmund,you have been a great help. 

So ESA is being back dated if the matter proceeds to appeal, this only beneficial if the DWP stick to providing a decision on a reconsideration within 14 days, which I doubt they will!!  If people are forced to claim JSA because the DWP are taking too long, then I don’t see what help this is!? Think I can talk for everyone with regards to how frustrating this is and on how this will impact on an already vulnerable, destitute and broken, section of society…

Our first MR’s have come back within a week…..all decisions remain unchanged.

Be nice if this continues but i fear that the more MR’s submitted the slower it will get.

@Cookie, I suppose if someone has other income/capital or a partner to support them, s/he may prefer to use those funds to live on pending submission of an appeal. However, you’re quite right that people on irESA without any other income or capital will struggle to cope during the recon period.