ESA Assessment phase? Re: Making an appeal..

johnkat

Can you still claim ESA assessment rate, while making an appeal or do you have to claim JSA?

I read somewhere that they were scrapping the ESA assessment rate option, has it happened yet? If not does anyone know what the timescale is? Thanks.:)

rogerblack

In most cases, you can claim assessment rate, as long as you keep meeting the basic conditions.
Exceptions are:
If you miss a medical (or are not cooperative).
If time-limiting of your ESA-contributions claim happens.
In principle, a hopeless appeal may not be progressed to the point you get payment.
For example, if you appeal on the grounds that you should be paid more money than the law allows, or that your claim should not be time limited.


You need to supply fit-notes during this process, usually from your doctor.

johnkat

Thanks for that:T Do you know if they are in fact, phasing out the option? or did I dream it.:eek:

Cpt.Scarlet

There are proposals for implementatiion from April 2013 which will require claimants to have a Reconsideration before they are allowed to appeal. The assessment rate is not payable where a reconsideration has been requested, only on appeal, so people won't be paid during this new reconsideration phase, I believe the suggestion is that they claim JSA, which of course makes no sense whatsoever, if you are saying you are unfit to work.

rogerblack

Cpt.Scarlet wrote: »

There are proposals for implementatiion from April 2013 which will require claimants to have a Reconsideration before they are allowed to appeal. The assessment rate is not payable where a reconsideration has been requested, only on appeal, so people won't be paid during this new reconsideration phase, I believe the suggestion is that they claim JSA, which of course makes no sense whatsoever, if you are saying you are unfit to work.

As I understand it, the DWP proposals have been shelved for a while, while a consultation happens lead by the tribunals service on these proposals.
The consultation has closed, but no response to it has been published.

penywaun_2

im confused now , my ESA stopped last week , despite the fact I had appealed to be put into the support group ,
Ive been told today that I wont get anything , not a penny at all unless I win my appeal , and then will get back dated payment ,this could take 8 months !
I cant sign on as still having treatment eg hospital appointments and twice weekly physio following major operation.
Ive reapplied for ESA today but they couldnt do over the phone , and got to get med certs , my hubby works so as far as DWP concerned he can keep me.
Ive cried a lot today, it so unfair I cant work cos I cant walk, and I cant get sick pay.

Cpt.Scarlet

penywaun wrote: »

im confused now , my ESA stopped last week , despite the fact I had appealed to be put into the support group ,
Ive been told today that I wont get anything , not a penny at all unless I win my appeal , and then will get back dated payment ,this could take 8 months !
I cant sign on as still having treatment eg hospital appointments and twice weekly physio following major operation.
Ive reapplied for ESA today but they couldnt do over the phone , and got to get med certs , my hubby works so as far as DWP concerned he can keep me.
Ive cried a lot today, it so unfair I cant work cos I cant walk, and I cant get sick pay.

If your ESA has been stopped because of the 365 day rule, then, as you have been told, you won't receive payment while appealing and it will only be if you are placed in the Support Group that your payments will be re-instated.

On the assumption that you don't qualify for income related ESA, then you can only make a new claim for ESA if it is more than 12 weeks since your previous claim was closed, and you will need to meet the Contribution conditions for ESA(CB).