ESA must be returned within 31 days - they've stolen two weeks !

Cpt.Scarlet

Richie-from-the-Boro wrote: »

In #3 I mentioned failure to return reference migration from IB. The fact of the matter is someone whose ESA stops on a failure to return on time rule, should submit an ESA re-claim immediately, however the 26 week rule will block payment on a new claim till :

- until six months has expired, or ;
- you get in your now very late ESA50, or ;
- whichever is the quicker, and clearly ;
- submitting late is better / quicker than 26 weeks.

In short missing the original deadline puts you between a rock & a very hard place [ and its designed to ] but its still your better of the two bets to submit late than go the 26 week rule.

????????

The correct advice to someone being transferred from IB/IS/SDA to ESA, is to return the ESA50 by the required date, failing that, to show Good Cause why the ESA50 was returned late.

Submitting a new claim would mean that they would lose their Transitional Protection that they would otherwise be liable for as part of the transfer.

Richie-from-the-Boro

Cpt.Scarlet wrote: »

????????

The correct advice to someone being transferred from IB/IS/SDA to ESA, is to return the ESA50 by the required date, failing that, to show Good Cause why the ESA50 was returned late.

Submitting a new claim would mean that they would lose their Transitional Protection that they would otherwise be liable for as part of the transfer.

Respect Cpt, would leaving the box's blank and offering the [ reasonable ] explanation stand at Trib ref - show Good Cause why the ESA50 was returned late ?

Cpt.Scarlet

[FONT=TimesNewRoman,Bold][FONT=TimesNewRoman,Bold]Matters to be taken into account in determining good cause in relation to regulations 22 or 23[/FONT][/FONT]

[FONT=TimesNewRoman,Bold][FONT=TimesNewRoman,Bold]24. [/FONT][/FONT]The matters to be taken into account in determining whether a claimant has good cause under regulations 22 (failure to provide information in relation to limited capability for work) or 23 (failure to attend a medical examination to determine limited capability for work) include—

(a) whether the claimant was outside Great Britain at the relevant time;

(b) the claimant’s state of health at the relevant time; and

(c) the nature of any disability the claimant has

Clause 22 refers to returning the ESA50
Clause 34 refers to attending the medical.

Richie-from-the-Boro

Cpt.Scarlet wrote: »

[FONT=TimesNewRoman,Bold][FONT=TimesNewRoman,Bold]Matters to be taken into account in determining good cause in relation to regulations 22 or 23[/FONT][/FONT]

[FONT=TimesNewRoman,Bold][FONT=TimesNewRoman,Bold]24. [/FONT][/FONT]The matters to be taken into account in determining whether a claimant has good cause under regulations 22 (failure to provide information in relation to limited capability for work) or 23 (failure to attend a medical examination to determine limited capability for work) include—

(a) whether the claimant was outside Great Britain at the relevant time;

(b) the claimant’s state of health at the relevant time; and

(c) the nature of any disability the claimant has

Clause 22 refers to returning the ESA50
Clause 34 refers to attending the medical.

The #3 comment I made on R(IB) 1/00 I think satisfies the Clause 22 / Returning the ESA50 and two recent Tribs have considered it non-adverse to return the ESA50 with blank tick box's so to avoid missing the deadline.

A~n~other spanner in the works will soon rear its head the Reconsideration Pilot outcomes will almost certainly lead to an acceleration of DM's applying for strikeouts based on "no reasonable prospect of success" - who knows where that will lead ?

cit_k

4 Weeks to get in the form?

Thats no way near long enough.

I struggled to get it done in 6 weeks!

RockGypsy

monkeymouth wrote: »

To fill out the ESA50? When I completed mine in late 09, it took me all of 30mins!!!!

It was posted back the day after I received it.

6 weeks - you're aving a laff!!

Some people cant just fill things in 30mins maybe their illnesses have something to do with it,I think your having a laff at other peoples expense ,troll :mad:

akabee

This should give you a few more days to fill in the form and get any letters you need.


You will get a letter telling you to expect a phone call before they send the ESA50 to you.

When you get the letter (or you are waiting to change to ESA) go to http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@money/documents/digitalasset/dg_195544.pdf
and fill in the ESA50 & get/request any letters you need.

You can fill in the ESA50 they send you when it arrives or print out the one you have filled in online.

I bought any letters I did'nt have when I posted the form back with me when I had my interview.

saving_pennies

monkeymouth wrote: »

To fill out the ESA50? When I completed mine in late 09, it took me all of 30mins!!!!

So to need 6 weeks to tick a few boxes - someone is having a laff.

I'm one of those that struggled to complete it in 6 weeks and I am not having a laff!! The struggle was directly related to my disabilities. I called the Benefits office and explained how my disabilities affect me completing the form in the time limit and how I had to have support to complete the form. I even gave the example that I still have letters/forms that I received in the post in March that have not been completed. The lady I spoke to was very understanding and agreed when I said that if I was able to complete the form without struggling then I would be contradicting some of the points I had made in the form. This can be confirmed by the support worker who assisted me. A note was made on the benefits system explaining the above and I was also asked to explain on the form why I was returning it late.

I didn't send any medical evidence with it - for me to get hold of this would have taken even longer.

If only I could complete the form in 30 minutes and then post it the following day, it would have caused me much less stress. I'm certainly not laughing at it taken me over 6 weeks to complete and nor would I laugh at anyone else who also struggles with it.

As Cpt Scarlet posted, there are circumstances (e.g. "the claimant's state of health at the relevant time; and the nature of any disability the claimant has") that can be taken into account if a person returns the form late and in my case I met these criteria and I am sure there are other people who do too.

rogerblack

In addition - what 'filling in the form' involves varies.
For example - if you've got a broken leg, or are pregnant, it's quite simple, and may take several minutes.

Then there is the thorny issue that the forms issued do not always accurately reflect the law in a way you can easily understand.

Most of the questions are of the 'can you X' form.
Where it doesn't mention that this isn't the test in law, but that in many cases, that test is 'can you X, repeatably reliably and safely over the course of a working day'.

In many cases, people who fill in the forms without help, without understanding of the underlying descriptors, will fail. Whereas if the forms are filled in correctly, to accurately describe their condition, they would pass.