Appeals Process Changes for DWP Benefits and Child Maintenance from 28th October 2013

ani_26

Makes interesting reading, but you've got to have some stamina?



http://www.dwp.gov.uk/docs/adma3.pdf


NOTE


A3006 At the end of the mandatory reconsideration process the DM

1. revises favourably and issues a new outcome decision or

2. revises unfavourably and issues a new outcome decision or


3. refuses to revise, i.e. makes a decision not to revise (this is not an outcome decision)


A decision not to revise is not appealable, but its effect may be to renew the appeal rights arising from the original decision (see A3074).

Another loophole there, then? Extremely worrying, if you ask me




What happens when a decision is not revised

A3074 Although the DM should always look again at a decision following an application for revision, there may not be any reason to revise it. Where


1. the claimant has requested mandatory reconsideration of the decision and


2. the application is within the time limits or a late application is accepted and


3. there is no reason to revise it the claimant is notified that the DM has decided not to revise the decision.

A3075 The decision not to revise does not of itself carry the right of appeal, although the claimant has a further period of one month to appeal the original decision1. See A3023 for action to take when a late application is not accepted.
1 TP (FtT) (SEC) Rules, rule 23(2) & Sch 1; R(IB) 2/04; R(1S) 15/04

A3076 Appeal rights arising from the original decision are only renewed where an application for revision has been refused and the application was made

1.within the statutory one month time limit (see A3046) or

2. after the statutory one month time limit, and the DM has extended the time for applying (see A3050).

If neither 1. nor 2. above applies then there is no right of appeal.

Am i missing something here, or given there have been no times constraints currently applied for the length of mandatory reconsideration, would you still have to appeal within a statutory time limit of what? The original application for mandatory reconsideration?


The email Sheila Gilmore sent Mark Hoban re the reconsideration of WCA's :


http://www.sheilagilmore.co.uk/wp-content/uploads/2013/09/Speech-for-adjournment-debate-Friday-7-September-2013-Reconsideration-of-Work-Capability-Assessment-decisions.pdf


http://www.sheilagilmore.co.uk/







Response to debate on support during ESA reconsiderations

Posted on September 9, 2013
On Friday I led a short debate on the Work Capability Assessment (WCA), the test used to determine whether people can get the main sickness and disability benefit Employment and Support Allowance (ESA). In particular I focused on the support given to people who are incorrectly found fit for work – and refused the benefit – during a period known as reconsideration. This is, in effect, an informal appeal to civil servants that has to take place before a case can be passed to independent Tribunal Judges. At present claimants can be paid ESA at a reduced rate during this period, but in the future they will have to apply for Jobseekers Allowance. A requirement of JSA is that people are fit and available for work, which I fear could mean that many people who will eventually be awarded ESA will not qualify.
The transcript of the debate can be found here, but my concluding two paragraphs summarised my questions for the Minister responding, Mark Hoban:

The Minister can do a number of things to address the problem. At a minimum, it would be helpful if he provided the House with information, first to confirm exactly when the new system of mandatory reconsiderations will begin. Secondly, he could give the House information on what alternative sources of income people have if they cannot claim either ESA or JSA. Thirdly, he could tell us what internal targets he will introduce on the time taken for mandatory reconsiderations.
Several changes would help at least to alleviate the worst effects of this policy. One example would be to reintroduce a degree of flexibility into the sanctions system, so that ESA claimants declared fit for work and having their claim reconsidered are not subject to normal JSA sanctions. Alternatively, the Minister could put a statutory limit on the time DWP can take to conclude the reconsideration process.
But the one thing that would resolve this issue entirely would be to amend the regulations to allow ESA claimants to continue to receive ESA at the assessment rate during the reconsideration period. Otherwise many people who the state will later conclude should not be available for work will be required to claim a benefit that explicitly requires that they should be. Many people will end up without any support from the state, being too fit for ESA, but too sick or disabled for JSA.

Overall the Minister’s response was disappointing. I’ve summarised my main thoughts below.

• The Minister didn’t confirm when the new system of mandatory reconsideration would begin, nor was he able to give any particular details as to the internal targets on the time taken to complete reconsideration. It is also disappointing that he continued to refuse to introduce any form of statutory time limit.
• While he confirmed that people who are sick or disabled should be able to claim JSA and avoid being sanctioned, it is far from clear that this is the case in practice. He also indicated that anyone who is sanctioned should apply for hardship payments, but not everyone will qualify, especially those who don’t have any dependents.
• He didn’t explain why the Government had changed its policy on paying people ESA at the assessment rate during the reconsideration period. Given the possibility that a sizeable proportion of people who appeal are later awarded ESA and could – even with certain allowances – struggle with the conditionality of JSA, I believe it makes sense to continue paying ESA at the assessment rate during this period. While some of those to whom it will be paid will eventually be refused ESA both at reconsideration and appeal, there would be no financial loss as assessment rate ESA is the same as JSA, and making such payments would ensure that those who are eventually awarded ESA are not left without financial support during this period.
• The Minister stated again that, in his view, one of the major reasons for people successfully appealing Fit for Work decisions is that documentary evidence that was not seen by DWP is made available to Tribunals. While I do not agree that this is the only reason for successful appeals, one of the problems still faced by applicants is getting medical and other reports – particularly the cost of this – and getting them accepted by DWP and Atos. It would help if the Minister focused his efforts on trying to ensure this evidence can be easily provided alongside the initial ESA50 form.

ani_26

There's already no doubt in my mind this is potentially the biggest whitewash ever, from the government, and the appeals process changes will go ahead on 28th october.

What is most disconcerting is that no one seems to be prepared. It's a closely guarded secret?


Claimants, even JC+ don't realise the implications of this legislation or know it is happening? More pressure on food banks, Cab, Welfare Rights, DWP, JC+ etc, etc, when all are already pushed to the limit. Maybe employ some jobseekers thereby reducing unemployment and reducing the strain and already stretched to snapping point, resources?


I completely agree that it is to stop people getting paid ESA, so they don't appeal. It's shifting problems from ESA to JSA. You can try and eradicate sick and disabled people, but they still exist. How will the JC+ staff cope with the deluge of applications for JSA, (for those who don't have the support.) But we are talking about genuine sick, disabled and vulnerable human beings, here.



http://www.rightsnet.org.uk/forums/viewthread/5322/



It's really gone in through the back door, this. Shameful.

osdset

ani_26 wrote: »

There's already no doubt in my mind this is potentially the biggest whitewash ever, from the government, and the appeals process changes will go ahead on 28th october.

What is most disconcerting is that no one seems to be prepared. It's a closely guarded secret?


Claimants, even JC+ don't realise the implications of this legislation or know it is happening? More pressure on food banks, Cab, Welfare Rights, DWP, JC+ etc, etc, when all are already pushed to the limit. Maybe employ some jobseekers thereby reducing unemployment and reducing the strain and already stretched to snapping point, resources?


I completely agree that it is to stop people getting paid ESA, so they don't appeal. It's shifting problems from ESA to JSA. You can try and eradicate sick and disabled people, but they still exist. How will the JC+ staff cope with the deluge of applications for JSA, (for those who don't have the support.) But we are talking about genuine sick, disabled and vulnerable human beings, here.



http://www.rightsnet.org.uk/forums/viewthread/5322/



It's really gone in through the back door, this. Shameful.

Totally agree.

I spoke to someone at my benefit decision centre last week to try and get some answers to the pilot schemes, the lady I spoke to was nice enough but freely admitted that she was not up to speed with the information I wanted and more worrying could not point me to anyone that could help other than JCP.

JCP for reasons best known to themselves are reluctant to answer the phone so a visit to the local office is on the cards, I know there is only one ESA advisor there so the chances of me getting an audience before next Friday are slim.


If the long term sick/disabled are accepted onto JSA they will end up in the hands of the WP providers, JCP will want to wash their hands asap.

It seems that the providers, after going cap in hand to the government whining about not getting enough referrals will have more than enough fodder to push about under the guise of getting them ready for the workplace. Placing ESA claimants with WP providers is reckless IMO, the providers are woefully ill equipped, and from what I witnessed last week are totally clueless as to the difference between ESA and JSA claimants.

Health and safety are a major concern, the provider I am with has it's offices on the third floor, in the case of a fire and should the lifts fail, claimants with mobility problems won't be able to exit the building in a timely fashion. The offices are not wheelchair friendly.

Claimants will face discussing personal and possibly distressing conditions in an open office in earshot of other staff and claimants.

It's a dogs dinner TBH.

ani_26

Something to make you smile, (or not) - Michael Meacher takes MP Capability Assessment :-

Significantly, today MPs were invited to undergo a mock WCA themselves at the House of Commons where they were put through the type of questioning and demands for evidence used in WCAs in order to determine whether they scored enough to be fit to be an MP. Quite a number of MPs attended, but the great majority (including me) failed miserably to get anywhere near scoring the number of points necessary. It did make MPs, and certainly me, a lot more aware of what it is like to be subject to this kind of ordeal which, not to put too fine a point on it, is set up to make you fail.

Full Transcript :-


http://www.michaelmeacher.info/weblog/2013/09/atos-minister-hoban-forced-to-rethink-by-vigorous-systematic-critique-from-spartacus/

dori2o

ani_26 wrote: »

Yes, and from April 2013, new claims and renewals for Dla are for Pip, exactly as stated?

Actually that isn't the case.

New claims are PIP, but that isn't the case with renewals.

Only those DLA claims which are due to end AFTER 24 February 2014 will be renewed under the new PIP. All claims which are due to end BEFORE 24/02/14 will be re-assessed under the DLA process.

ani_26

dori2o wrote: »

Actually that isn't the case.

New claims are PIP, but that isn't the case with renewals.

Only those DLA claims which are due to end AFTER 24 February 2014 will be renewed under the new PIP. All claims which are due to end BEFORE 24/02/14 will be re-assessed under the DLA process.

I did put a question mark, as it wasn't a definitive answer, but :-


From October 2013

From October 2013 the following DLA recipients will begin to have to claim PIP:

Children turning 16 will have to claim PIP when their existing fixed term award is coming to an end.

People reporting changes of circumstances which might affect their rate of payment, such as an improvement or deterioration in their condition, but not issues like going into a care home or hospital or changing address.

People with a fixed-term DLA award which expires from the end of February 2014

Anyone who chooses to make an application for PIP, including people who have a fixed-term or indefinite award of DLA.

ani_26

Bumping thread to raise awareness.

portly1

ani_26 wrote: »

I did put a question mark, as it wasn't a definitive answer, but :-


From October 2013

Anyone who chooses to make an application for PIP, including people who have a fixed-term or indefinite award of DLA.

I didn't realise that people had a choice between PIP and DLA.

I have an indef DLA award (HRM & MRC) and am to be reassessed under PIP in October 2015.

It seems now that people like me can avoid all of this stress and worry about what may or may not happen in 2015 by opting to go for PIP now.
Maybe that is a good idea as it will put my mind at ease.

Do I just ask the DWP for a PIP claim form?

ani_26

Bumping thread.

ani_26

Bumping thread.


New thread here :-



http://www.rightsnet.org.uk/forums/viewthread/5338/