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ESA assessement rate to stop when appealing

Employment and support allowance claimants who want to appeal against a decision they are capable of work will be forced to claim jobseekers allowance or go without benefits, possibly for many months, under a clause in the welfare reform bill currently going through parliament. Astonishingly, the government is already consulting on whether their harsh changes to the appeals procedure go far enough. We are urging readers to respond.

Currently, claimants who are found fit for work can continue to receive ESA at the assessment rate by immediately lodging an appeal if they think the decision is wrong. ESA will then remain in payment until the appeal is decided.

That is all set to change, however, under clause 99 of the welfare reform bill.

Comments

  • rogerblack
    rogerblack Posts: 9,446 Forumite
    They haven't as yet set out what they're doing.
    The powers in the bill are enabling powers, and do not describe in detail what will happen.
    http://www.dwp.gov.uk/consultations/2012/mandatory-consideration.shtml - is the relevant consultation, I encourage everyone who claims ESA to respond.
    Specifically the fact that there is no time limit in the consultation mentioned, meaning that the decision may take some time, and noting that even if all DWP delays are ironed out, and this process occurs promptly, it may take considerable time to get evidence for the revision request to be properly assessed from doctors, consultants and such.
    Perhaps outline cases in which this has been the case for you, and you would have been in hardship without the ESA appeal payment continuing during this period.


    The current clause is as I understand it at http://www.publications.parliament.uk/pa/bills/lbill/2010-2012/0124/2012124.pdf - clause 103.
  • duchy
    duchy Posts: 19,511 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Xmas Saver!
    It simply means the DWP has no incentive to clear appeals in a timely manner
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  • rogerblack
    rogerblack Posts: 9,446 Forumite
    duchy wrote: »
    It simply means the DWP has no incentive to clear appeals in a timely manner

    The insane part at the moment is that perhaps 80000 people who are on ESA appeal rate will fail at their tribunal.

    Let's say that 50000 of these were appeals that were doomed to fail.

    (For example, people who consider themselves unable to work, but do not meet any of the criteria).

    The current state is that these cases are paid for an average of perhaps 8 months.
    This is a total of 100 million pounds!!!

    The amount of money spent initially deciding these cases is perhaps 20 pounds or so of DWP time.
    It's half an hour per case, or around a million pounds.

    But these come from different budgets!
    So, rather than putting more effort into making the initial decision, they get rewarded for saving money on this small budget.

    This means that the tribunals service gets overloaded, appeal time rises, budget for the tribunals service rise.

    If the decisions were better made - and people were communicated to about the criteria things would work a lot better.
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