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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA – migration cases – inaccurate IRESA assessments?

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stevenmcavoy
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From the other side - 27 June 2018 02:33 PM
stevenmcavoy - 27 June 2018 12:48 PM

anyone know when we might have a decision on sk?

I have one ut case put on hold pending either or and have just requested a ftt case on this issue be as well.

Application has been made to Court of Session. Will update when any further news.

anyone have an idea of how long these things roughly take end to end?

i have a fair few of these cases at various stages.  be nice to get them resolved.

neilbateman
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Today’s Rightsnet news story is that in Northern Ireland arrears are being paid back to the date of migration.  The accompanying press release makes that clear

https://www.rightsnet.org.uk/welfare-rights/news/item/department-for-communities-announces-full-backdating-for-those-who-were-und

I know there can be small differences between NI legislation and legislation affecting Great Britain, does anyone know why cases in Northern Ireland are being backdated fully while as far as we know, DWP are still not doing so?

Peter Turville
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neilbateman - 29 June 2018 02:35 PM

Today’s Rightsnet news story is that in Northern Ireland arrears are being paid back to the date of migration.  The accompanying press release makes that clear

https://www.rightsnet.org.uk/welfare-rights/news/item/department-for-communities-announces-full-backdating-for-those-who-were-und

I know there can be small differences between NI legislation and legislation affecting Great Britain, does anyone know why cases in Northern Ireland are being backdated fully while as far as we know, DWP are still not doing so?

The DUP effect?

neilbateman
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I had thought of that, but it would not be a proper legal basis for this.

GWRS adviser
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During the PAC hearing on 21/05/18 Peter Schofield (the current Permanent Secretary at DWP) mentioned that he had set up a board within DWP to pick up on systemic issues and underpayments.

I sent an FOI for details of this and received the attached response.  The first board meeting was held on 1/5/18.  The terms of reference and membership have not yet been agreed.

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Andrew Dutton
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Well,well, well….

https://www.theguardian.com/society/2018/jul/18/disability-claimants-owed-340m-after-dwp-blunder-say-mps


Disability claimants owed £340m after DWP blunder, say MPs
‘Indifferent’ department tried to shift the blame and took six years to correct error

Gosh…...

Daphne
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And the PAC report which refers to your letter in July 2014 Andrew (although I’m sorry you don’t get mentioned by name but just come under NAWRA) - but we know it’s you ;)

Daphne
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DWP agrees to pay full arrears to date of migration - https://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2018-07-18/HCWS877

The Department has analysed the relationship between “official error” and section 27 of the Social Security Act 1998 in regulating how and to what extent arrears can be paid. As a result of the conclusions of this analysis, we will now be paying arrears to those affected back to their date of conversion to ESA.

[ Edited: 18 Jul 2018 at 02:25 pm by Daphne ]
Martin Williams
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What the Minister does not say is that the analysis they undertook of relationship between s. 27 and official error was one forced upon them by the judicial review proceedings. Yesterday they wrote to the tribunal dealing with the case accepting these were official error cases. UT not yet given an order.
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Daphne
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Yes - definitely CPAG’s JR proceedings that pushed them to it as opposed to Ms McVey ‘listening’!

I have been told by the DWP that regs are being laid to ensure that any backpayments either through this, or PIP LEAP exercise, are not affected by capital rules - wait and see…

neilbateman
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Well done everyone who pursued this. 

This is why what we do matters - exposing sophistry and chicanery by DWP senior managers and ministers, ensuring the rule of law applies and getting much needed extra money to people living in poverty and with poor health.  It was an exemplary example of strategic welfare rights casework allied to campaigning.

I loved reading the transcript of the PAC’s dealings with Mr Schofield the DWP’s new Permanent Secretary. Sounded like a devious and cheeky schoolboy being publicly admonished by the head teacher.

But let’s not take our eye of the ball on this one.  No backsliding please Ms McVey - we are watching you.

shawn mach
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GWRS adviser
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Great news!

I’d just like to make the (obvious) point that despite this welcome announcement claimants in this situation are still financially worse off than those claimants who did not have their claims messed up by DWP. 

This is because these claimants did not get their correct passported entitlements (such as free prescriptions, access to support through LWAS schemes, commercial loans incurred due to inability to access DWP budgeting loans/DWP funneral expenses payments/etc, the list goes on) - some people may even have had to repay free prescriptions or have been hit with NHS penalty charges for having incorrectly claimed free prescriptions whilst only receiving cESA (even though they could have been entitled under the NHS LIS).

The PAC raised passported entitlements in their report and have asked DWP to report back to the committee on this issue.

At the least, DWP should carry out a trawl and refund anyone who had been asked to repay ‘incorrectly’ claimed prescriptions (and other passported entitlements).  A more reasonable approach would be a blanket compensation payment.

Martin Williams
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https://www.mirror.co.uk/news/politics/sick-disabled-people-win-100million-12942758

Work and Pensions Secretary Ms McVey announced her decision hours before she was due to respond to a legal challenge by the Child Poverty Action Group.

CPAG solicitor Carla Clarke said: “We are pleased that the DWP agreed that this was correct following our legal action.

“However, it shouldn’t be necessary to take a government department to court to achieve justice for people who have been failed.”

Ms McVey said she reached her decision after reviewing the law.

Andrew Dutton
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I wrote to NHS Business Services about the IRESA problem in July 2017. Then again in October 2017. Then again on 10/7/18.


Still waiting for a reply.

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