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

ani_26

rogerblack wrote: »

It's not quite that simple.

Firstly - something that's not been mentioned so far - if you are appealing a decision that you are fit for work, and fail to win the appeal - if you have not claimed JSA in the meantime - you will get no pay for the period between submitting the decision that you were not entitled and the end of the mandatory reconsideration period and the start of the appeal proper.

If you win - you would get ESA backpay over the whole period of course.
(With any JSA you claimed subtracted)

I beg to differ.

If you ask for mandatory reconsideration and subsequently appeal, any ESA backpay, will only be paid for the period under appeal. There will be no backpay for the mandatory reconsideration period, (assuming you don't claim JSA during that period.)


Therefore, if you decide not to claim JSA, you will not receive any pay, during the mandatory reconsideration period, i.e. no back pay for that period, either.


It's worth noting, any hardship payments are a reduced amount of ESA during the assessment period, and JSA which is normally £71.70, and have to be repaid.

In effect, you are taking on a debt.

Cpt.Scarlet

ani_26 wrote: »

I beg to differ.

If you ask for mandatory reconsideration and subsequently appeal, any ESA backpay, will only be paid for the period under appeal. There will be no backpay for the mandatory reconsideration period, (assuming you don't claim JSA during that period.)

No, you are still appealing the original Decision and any decision in your favour will apply from them, so RB is right.