Attn : rogerblack, and others

Richie-from-the-Boro

- before the 2012 turkey is even cold, here's your next years reference library, all in one place - New Regulations, no crystal ball needed.

Already passed and live

ESA [Sanctions][Amendment] Regs 2012 - in force 3rd December 2012
Benefit Cap [HB] Regs 2012- comes into force April 15th 2013
JSA [Sanctions][Amendment] Regs 2012 - in force 22nd October 2012

Draft, not yet passed and not yet live

Social Security [PIP] Regs 2012
Transitional PIP Draft Regs - Dec 2012 - comes into force 8th April] 2013
DLA, AA and CA Draft Amendment Regs - Dec 2012
UC Regs - comes into force April 29th 2013
UC [Transitional Provisions] Regs comes into force April 29th 2013
JSA Regs - comes into force April 29th 2013
ESA Regs - comes into force April 29th 2013
UC, PIP JSA & ESA [Decisions and Appeals] Regs 2013
Social Security [Payments on Account of Benefit] Regs 2013
HB [Amendment] Regs 2012
UC, PIP and Working-age Benefits [Claims and Payments] Regs 2012
PIP [still draft proposed] Assessment Criteria

Draft PIP claim forms released Feb 2013, standard letters and other resources :

- forms are here
- standard letters (notifications) are here
- individuals check how Personal Independence Payment affects you tool, here
- 'organisational’ - ‘toolkit here

Updates from HOC & HOL Library released Feb 2013 - relevant to the above :

The Housing Element of UC - Last updated: 6 February 2013
The State Pension Uprating 2010 onwards - Last updated:7 February 2013
The Welfare Benefits Up-rating Bill - Last updated: 6 February 2013

Just what does all this mean in £sd terms

Overview and in my view the greatest mind in accurate guesstimates evidenced over the years thinks this is what will be the real-world outcome

New DWP website went up today Apr 23rd 2013, its now amalgamated with the DoJ FONT="Fixedsys"]into an all embracing Ministry of Truth and grin-ing faces[/FONT

rogerblack

First thing that leaped out at me - http://www.legislation.gov.uk/ukdsi/2013/9780111531556/part/1

The interpretation part.
Unless I'm reading this wrong, and I have not compared with previous provisions - the prior time limit to appeal was a month - but that month included the assumption that post was delivered the next working day. (which is not quite unreasonable).

That presumption has been removed, shaving two days off the window for an 'in-time' appeal.

Continuing on in the same document - on appeals - from memory, it used to be that decisions could be revised at any time on material error, or if there was a fact that was not taken account of in the decision. 5.9b
This has been modified - and this can only happen on the grounds of facts not taken into account if it results in a less favourable decision to the claimant.

These regulations also bring in mandatory reconsideration before appeals, which has been discussed before.

dazza-mac

I hate it when regs are shown. I can't make head nor tail of them and it just makes me even more terrified of my esa tribunal in feb. Are we meant to be able to decipher what they mean?!!!

Cpt.Scarlet

dazza-mac wrote: »

I hate it when regs are shown. I can't make head nor tail of them and it just makes me even more terrified of my esa tribunal in feb. Are we meant to be able to decipher what they mean?!!!

Your tribunal will use the legislation that was in effect at the time of the decision you appealed.

rogerblack

http://www.legislation.gov.uk/ukdsi/2013/9780111531938/regulation/41 - when a 'work capability assessment' can be carried out.

This seems to remove the 'loophole' where a fresh claim for ESA can be made once six months have elapsed.

"(4) If it has previously been determined on the basis of an assessment under this Part or under Part 4 or 5 of the ESA Regulations that the claimant does not have limited capability for work, no further assessment is to be carried out unless there is evidence to suggest that—
(a)the determination was made in ignorance of, or was based on a mistake as to, some material fact; or
(b)there has been a relevant change of circumstances in relation to the claimant’s physical or mental condition."


If your condition has not changed (or they do not believe it's changed significantly), you cannot reclaim after being found fit for work. You may also have significant problems if you want to appeal the initial decision, as all appeals now have to go to the DWP first, to assess their merits.

(Please note, this is a cursory reading of draft regulations, and as Cpt.Scarlet mentioned - these rules, if passed, will not be in force for fresh claims made until April.)

dazza-mac

Can I ask this:

If my esa tribunal finds the original decision was correct to place me in the wrag group. This means by Oct 2013 my contribution based esa will stop.

Once that happens, would I be able to apply again for contribution based esa or would it just be income related - which would rule me out due to having compensation for an injury (could've spent the lot on holidays and booze, but I did the responsible thing and kept it aside for necessities like furniture etc - never spent a penny of it on frivolities - more fool me!

Cpt.Scarlet

Your ability to re-apply for ESA(CB) in 2013 will primarily, but not exclusively, be dependant on your NI Contributions during the tax years 10-11 and 11-12.

If you were transferred from IB then you'll have no NICs in these years, so the only way to re-apply will be after you have worked for sufficient time to acquire them.

If you have only been on ESA for a couple of years, then the above may also apply but you should check with HMRC.

If this was a new claim for ESA then there is a good chance you would re-qualify, providing you were working beforehand.

dazza-mac

No, I haven't worked in a long time and have been on incapacity benefit and now esa contribution based.

Therefore, am I right in thinking that if I'm kept in the wrag group after my esa tribunal, then when my contributions based esa runs out in Oct that means I won't qualify for esa (income related or contributions based) as I have savings?

zzzLazyDaisy

dazza-mac wrote: »

No, I haven't worked in a long time and have been on incapacity benefit and now esa contribution based.

Therefore, am I right in thinking that if I'm kept in the wrag group after my esa tribunal, then when my contributions based esa runs out in Oct that means I won't qualify for esa (income related or contributions based) as I have savings?

Yes that is exactly right. Once your savings drop below the thresh-hold (and assuming you are not living with someone as husband and wife whose income is too high) you will be able to make a fresh claim for means tested ESA and possibly other benefits depending on your circumstances.

dazza-mac

I'm flummoxed here. I'm trying to look through my tribunal papers and I'm looking up ESA ALLOWANCE REGUALTIONS 2008, REGULATION 34(1)

Determination of limited capability for work-related activity

This section has no associated Explanatory Memorandum
34.—(1) For the purposes of Part 1 of the Act, where, by reason of a claimant’s physical or mental condition, at least one of the descriptors set out in Schedule 3 applies to the claimant, the claimant’s capability for work-related activity will be limited and the limitation will be such that it is not reasonable to require that claimant to undertake such activity

where it says "set out in Schedule 3 applies to the claiment"

What exactly is schedule 3?

I'm in a right flap. I have no-one to help me and I just can't figure out how to go about my esa tribunal. how onearth am I meant to dispute my wrac placement when I don't even understand the regulations. It's too confusing for laypeople.

I'm ill with worry. I know that it's an easy statement to make, but |i am making myself ill with worry. I can't sleep, can't think straight, getting upset as I type here in the library (again!).

How can i prepare for the tribunal?

Cpt.Scarlet

Schedule 3 of the ESA 2008 Regulations refers to the Support Group descriptors however these were superceded in March 2011 by the somewhat a confusingly referenced Schedule 2/Schedule 3 version.

The current version is available on the following

http://www.legislation.gov.uk/uksi/2011/228/made/data.pdf