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ESA – migration cases – inaccurate IRESA assessments?

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Daphne
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Courtesy of From the other side, here it is -

     

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Anthony Collins
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Daphne - 12 February 2018 02:07 PM

Courtesy of From the other side, here it is -

The judge noted
“L.H. did not relate to a conversion case. Rather it related to a fresh claim.”

But then doesnt consider what a new claim involves vs a conversion in which by official error the DWP selected the wrong assessment form on conversion as standard excluding income assessment as a standard for all claims 2010 2011 2012 2013 2014 2015….

The judge is of the opinion “regulation 8(1)(a) has the effect of equating the situation of a conversion
claimant to employment and support allowance to that of a fresh claimant to that allowance.

that opinion
“that effect is of very considerable importance in the determination of this appeal.”

Rosie W - 10 October 2014 11:58 AM

Just had an appeal lapsed before the hearing due to the presenting officer noticing they have had the attached internal guidance, which he gave me a copy of, since June last year. As far as I can see it has not been reflected so far in Chapter 45 of the DMG which is disappointing.

However, I imagine a copy sent with a reconsideration request or appeal should produce a positive result.

I think its also telling that
Of course from 2013 DWP Caffas Noticeboard 05.06.13 Gabby “IB Reassessment, TA and ESA time limiting” in response to Mark Thomas Hanley BC “conversion decision revised for Official error” so conversion decisions were already marked as official error from 2013,
it was only ever New claims backdating that was undecided…conversion was always official error backdateable to the date of conversion

      [ Edited: 12 Feb 2018 at 05:10 pm by Anthony Collins ]
Dan Manville
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I note that the claimant in this case was sent an ESA3. Most of mine weren’t. I think we’re still game on in those circumstances.

     
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Dan Manville - 12 February 2018 06:39 PM

I note that the claimant in this case was sent an ESA3. Most of mine weren’t. I think we’re still game on in those circumstances.

Yes have a Severely Mentally Impaired, limited mental capacity ESA client whose case of underpayment goes back to 2012, clients IB conversion DWP automatically sent a ESA50_006_001 so no income questions asked for evaluating IR, therefore no IS10 form, so owed SDP for 6 years and counting…

      [ Edited: 13 Feb 2018 at 07:08 pm by Anthony Collins ]
Daphne
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NAO have announced they are doing an investigation to -

- assess the scale of the issue, including: the nature of the error, the amount of underpayment, who is affected and the Department’s plans for paying arrears; and
- outline the Department’s management of the issue, including: how and when the issue was discovered; and how information was acted upon.

https://www.nao.org.uk/work-in-progress/errors-in-employment-and-support-allowance/

      [ Edited: 14 Feb 2018 at 12:24 pm by Daphne ]
Anthony Collins
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Daphne - 14 February 2018 12:17 PM

NAO have announced they are doing an investigation to -

- assess the scale of the issue, including: the nature of the error, the amount of underpayment, who is affected and the Department’s plans for paying arrears; and
- outline the Department’s management of the issue, including: how and when the issue was discovered; and how information was acted upon.

https://www.nao.org.uk/work-in-progress/errors-in-employment-and-support-allowance/

- outline the Department’s management of the issue, including: how and when the issue was discovered; and how information was acted upon.

Rosie W - 10 October 2014 11:58 AM

Just had an appeal lapsed before the hearing due to the presenting officer noticing they have had the attached internal guidance, which he gave me a copy of, since June last year. As far as I can see it has not been reflected so far in Chapter 45 of the DMG which is disappointing.
However, I imagine a copy sent with a reconsideration request or appeal should produce a positive result.

The guidance from back to 2013 of how to handle the cases for conversion “as official error” is known to us on this thread courtesy Rosie W case and the DWP Presenting officer file

- assess the scale of the issue, including: the nature of the error, the amount of underpayment, who is affected and the Department’s plans for paying arrears; and

This thread has evidence of back payments in full in many Rights organisations files post 2014s decision and pre, even ive seen mention late end 2017, possible by now some even early 2018 filtered through though rare im expecting. We should get some decisions those have to hand redacted and uploaded to the thread if possible

From the other side - 08 February 2018 01:58 PM

even though they have previously paid out earlier than the LH determination on cases they had decided after the LH decision was issued.

Note I just recently asked for backpayments figures, the size of payment roughly allows calculation of the years if reasoning known
https://www.whatdotheyknow.com/request/backpayment_figures_for_sdp_on_c
but DWP response “they dont broken down the reasoning…”

The NAO should help with sounding out opposition political parties and getting press traction following up the original story as the news now is they are not paying in full.

 

      [ Edited: 14 Feb 2018 at 01:17 pm by Anthony Collins ]
Daphne
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I’m thinking it might be an idea to send the NAO a link to this thread?

     
Daphne
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Anthony Collins
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Daphne - 14 February 2018 01:53 PM

I’m thinking it might be an idea to send the NAO a link to this thread?

I tbink thats a good idea Daphne, and NAWRA making contact for any input if for example DWP dont come forward with

Rosie W - 10 October 2014 11:58 AM

Just had an appeal lapsed before the hearing due to the presenting officer noticing they have had the attached internal guidance, which he gave me a copy of, since June last year. As far as I can see it has not been reflected so far in Chapter 45 of the DMG which is disappointing.
However, I imagine a copy sent with a reconsideration request or appeal should produce a positive result.

The guidance from back in 2013 to handle the cases for conversion “as official error” back to date of award

And the fact till broke in the news October 2017 they were paying in full back to 2010, even paying in full with some rights clients having award letters for these periods dated end 2017.

Have any on here had clients with letters awarding preOctober 2014 dated 2018?

Daphne - 14 February 2018 04:33 PM

NAWRA has sent a reply to Ms McVey -
http://www.nawra.org.uk/index.php/letter-to-secretary-of-state-for-work-and-pensions-about-income-related-esa/

Excellent letter Daphne, in particular pointing out
“law already in place – in this case regulation 8 of the Employment and Support
Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit)
(Existing Awards) (No.2) Regulations 2010.”
“should be revised on grounds of official error and backdated to the date of conversion from incapacity
benefit.”

and with regard to getting an official department response on
“Schedule 9 paragraph 11(2) of the Employment and Support
Allowance Regulations 2008, any arrears of £5,000 or more paid as a result of
official error are ignored until then end of that award and this should be clarified
on claimant’s letters”

 

      [ Edited: 16 Feb 2018 at 05:50 pm by Anthony Collins ]
Dan Manville
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Daphne - 14 February 2018 01:53 PM

I’m thinking it might be an idea to send the NAO a link to this thread?

Do it.

     
Andrew Dutton
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Dan Manville - 16 February 2018 04:05 PM
Daphne - 14 February 2018 01:53 PM

I’m thinking it might be an idea to send the NAO a link to this thread?

Do it.


I agree.