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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Getting ESA back in to payment

Andrew Dutton
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Welfare rights service - Derbyshire County Council

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Total Posts: 1966

Joined: 12 October 2012

Client went through MR for ESA (WCA) (what a lot of acronyms, sorry)

Sent in appeal but appeal was late.

HMCTS have lodged the appeal but as it is late, they say that DWP has 28 days to object to the appeal.

DWP refuse to restart ESA because as far as they are concerned the appeal is not lodged till they have had their 28 days.

Has anyone come across this one?

Edmund Shepherd
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Tenancy Income, Royal Borough of Greenwich, London

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Total Posts: 508

Joined: 4 December 2013

No, never. I’d be inclined to call the responsible benefit centre to ask for them to expedite the decision on accepting the late appeal. Is your client on JSA in the meantime? If there’s hardship, I’d put this to DWP in support of the request.