ESA mandatory reconsideration to start October 28th

sja75

Having read Benefits and Work newsletter today regards MR they do not elude to Rule 27 or the six pilot areas from the 28th. Seemingly a blanket policy.

epitome

bump...............

rogerblack

I've still not seen any legislation come through that would allow for a blanket policy to introduce MR throughout the UK for people claiming IR-ESA and IR-JSA.

http://www.legislation.gov.uk/uksi/2013/2657/contents/made

This removes the ability to claim ESA and JSA in the following postcodes districts from the 28th.

1. M35 5.

2. W6 0.

3. W6 6 to W6 9.

4. W14 0.

5. W14 4.

6. W14 8 and W14 9.

7. WN1 3.

It does not affect the rest of the country as yet.

This will have the indirect effect of making MR mandatory in these areas.

epitome

I don't know the legislation, but have been told this is nationwide from 28th October. The DWP doesn't know it's ar5e from its elbow half the time so it could be localised... time will tell... best for people to be warned and to get those appeals in before October 28th.

rogerblack

epitome wrote: »

I don't know the legislation, but have been told this is nationwide from 28th October. The DWP doesn't know it's ar5e from its elbow half the time so it could be localised... time will tell... best for people to be warned and to get those appeals in before October 28th.

Oh - I agree.
My understanding is that for appealing decisions made up until the 28th - the current appeal rules apply.

dookar

rogerblack wrote: »

I've still not seen any legislation come through that would allow for a blanket policy to introduce MR throughout the UK for people claiming IR-ESA and IR-JSA.

Not my area of expertise, but I *think* the welfare reform act 2012 amends the social security act 1998 to allow this. Section 102 of the former refers.

I scanned the act a while ago, but because I didn't have need to know it, didn't pay much attention

epitome

rogerblack wrote: »

Oh - I agree.
My understanding is that for appealing decisions made up until the 28th - the current appeal rules apply.

That was my initial understanding too but having read the link provided early on in the thread by pmlindyloo, I read it as... it is the date the appeal is received... rather than the date of the decision that is being appealed.

I'll read it again.

ok here:

Q: Will the changes apply to appellants who started their appeal before
the changes were introduced, but whose appeals are still ongoing?
If an appellant lodged their appeal before the date when the appeals changes
were introduced for their benefit (8 April 2013 for Personal Independence
Payment, 29 April 2013 for Universal Credit, and 28 October 2013 for all other
DWP-administered benefits), then the changes will not apply to them.

This implies that appeals (reconsiderations) lodged on or after 28th will be under new rules but it doesn't specifically say this.. this might be what confused me.

This, however

Q: How will people know which process applies to them?
Universal Credit and Personal Independence Payment have followed the new
processes since these benefits were introduced in April 2013. So if the
decision under dispute is about a claim for Personal Independence Payment
or Universal Credit, the changes will definitely apply.
For other benefits, if the decision notification is dated before 28 October, the
existing process will apply (so there will be an option of moving straight to
appeal).

If the decision notification is dated on or after 28 October 2013, the new
process will apply and the person will have to request a mandatory
reconsideration before they can appeal.
In both cases, the decision notification will explain

is more clear cut and does confirm that it is based on the decision date that is being appealed not the date the appeal is received. This is good news for me because I now know there is nothing I can do to change the situation for people I don't need to encourage people to appeal before the 28th. It is clear cut either they will be appealable or they will be under MR rules. >>I have edited the OP to reflect this.

And the literature is also pointing towards this being nationwide from 28th applying to all benefits including ESA.

schrodie

I am assuming that the introduction of MR only applies if you have been found NOT to have LCW or LCWRA. So if you have been found to have LCW and you are appealing that you should have been assessed as having LCWRA then you will get ESA and the LCW component whilst the MR is going through to decide if you have LCWRA?

Otherwise for those who have been found not to have LCW or LCWRA then they are told to claim JSA which is paid at the same level as the ESA assessment rate i.e. £71.71 until a MR is carried out and perhaps an appeal sent to HMCTS.

rogerblack

epitome wrote: »

This, howeveris more clear cut and does confirm that it is based on the decision date that is being appealed not the date the appeal is received.

I was basing the above partly on the tribunal rules, rather than press releases, as I find these often inaccurate.

http://www.justice.gov.uk/downloads/tribunals/general/sec-rules.pdf
Paraphrasing a bit.

On page 12.
'Cases in which the notice of appeal is to be sent to the tribunal'
...
22(1)a ... except cases where the notice of appeal is to be sent to the decisionmaker.

'Cases in which the notice of appeal must be sent to a decisionmaker'
23 (1) 'This rule applies to social security and child support cases in which the notice being challenged informed the appellant that any appeal must be sent to the decision maker'.

In short - you do not have to send the appeal to a decisionmaker - the DWP - unless the notification in writing of the decision contained a statement about mandatory revision, and that being required before lodging an appeal.

Clearly - if the decision is notified before the 28th - they can't have sent a notice saying that MR applies.
(unless the claimant is in one of the pathfinder areas, and is claiming UC, or is claiming PIP).

If there is no notice to this effect - and instead it explains the current system - you must appeal using the 'old' rules to the tribunal. (you can of course choose to ask for reconsideration first - but this is not mandatory.)

schrodie wrote:

I am assuming that the introduction of MR only applies if you have been found NOT to have LCW or LCWRA. So if you have been found to have LCW and you are appealing that you should have been assessed as having LCWRA then you will get ESA and the LCW component whilst the MR is going through to decide if you have LCWRA?

No, and yes.
No, MR applies to all decisions that contain a notice that it applies.
It's similar to the current process where if you apply for a reconsideration - if you have been found fit for work, you will not be paid until you actually submit an appeal.

It's just that you now have no choice in asking for a reconsideration first.
If you're entitled to payment - have been placed in the work related group - that continues while the reconsideration happens.

epitome

schrodie wrote: »

I am assuming that the introduction of MR only applies if you have been found NOT to have LCW or LCWRA. So if you have been found to have LCW and you are appealing that you should have been assessed as having LCWRA then you will get ESA and the LCW component whilst the MR is going through to decide if you have LCWRA?

You assume correctly. These claimants are currently paid the LCW rate whilst recon-ing and appealing. The only difference they will see is that they will have to appeal directly to the court after the recon period is finished.


A probable pitfall with all this is that if the claimant does not receive the recon decision letter they won't know they have 1 month to appeal. In the old system ..having submitted your appeal at the outset the referral to tribunal was automatic.