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ESA during mandatory reconsideration period?

blackcloud
blackcloud Posts: 377 Forumite
edited 27 January 2013 at 1:42AM in Benefits & tax credits
Hello,

I was just wondering if anyone knows about this

http://harpymarx.wordpress.com/2013/01/26/april-will-be-a-very-cruel-month-if-you-are-on-welfare-benefits/

http://www.dpac.uk.net/2012/09/changes-to-appealing-esa-and-dla-decisions-from-april-2013/

Does this mean if someone from April 2013 is already on Contribution based ESA support group and they are sent for a medical, and they failed the medical and they appealed, they would not get a basic rate of ESA while awaiting the appeal? that they would get nothing? unless they went onto JSA?

Or am I reading it wrong?

Comments

  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Hi, this is the relevant bit:

    The ‘mandatory revisions before appeals’ rule will be introduced for universal credit and personal independence payment in April 2013. For all other DWP-administered benefits it will be introduced in October 2013. A major problem with the new rule is that the DWP has not yet decided whether ESA claimants will receive basic rate ESA during the mandatory revision stage – as they do while they are appealing. But the indication is that the ConDems are against claimants receiving the basic ESA rate during this process.

    So basically, you are partly right. The change to mandatory reconsideration before an appeal can be made will be made in October 2012 (according to this). It is not yet known if claimants will continue to receive ESA during the reconsideration process, but it seems that the Govt is against this.

    However try not to worry about this as a lot can happen between now and then, and nothing is cast in stone (and yes, I do know that is easier said than done.... I am in the same boat :o )

    Dx
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Thanks for your reply, its very very worrying to think that if I failed the medical and had to appeal that I could be without anything for who knows how long while in the reconsideration stage, other than claiming JSA which just would not be an option.

    So on the optimistic side of things

    A) If the government make people wait for months while in the reconsideration stage after failing an ESA medical they are not going to make this change untill October 2013.

    B) Alot can happen between now and then, and nothing is cast in stone either, so people who have failed an ESA medical may still be able to claim reduced rate ESA while in the assessment stage after Oct 2013 as its not set in stone yet.

    Is that right? My A and B points? (Not very good at understanding these things sorry)
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    blackcloud wrote: »

    Is that right? My A and B points? (Not very good at understanding these things sorry)

    Yes, you have it spot on!

    Dx
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
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