DWP Mandatory Reconsideration advice?

tinkledom

rogerblack wrote: »

I should also note that this 'loophole' where claimants could remain on ESA-assessment rate forever only happend because the time from decision to appeal verdict exceeded 6 months.

This was not the case at the time the legislation was written.

At that time (from memory) - the expected timeline would have been something like:
Week 1 - claimed ESA.
Week 11 - assessment.
Week 13 - refusal and subsequent appeal.
Week 21 - tribunal refuses claim.
Week 27 - only now can the person reclaim ESA for the same condition (with a doctors note)

Even using those guidelines you would only have to wait a max of 6 weeks before a new claim could be put in.


Like everything that the government of the day does, the reality is far from the intention.


Currently appeals are taking years not weeks!

tinkledom

speedfreek1000 wrote: »

Incorrect!

Once the appeal is lodged and the Tribunal Service notify the DWP payment resumes. As long as you have a valid fit-note covering the MR period you will now receive back payment from the date the decision was made to stop ESA.

http://www.cpag.org.uk/content/new-appeals-rules-and-procedures

http://www.disabilityrightsuk.org/appeals-and-mandatory-reconsideration

which goes to prove that despite the little hiccup of MR, you will still receive the same money by claiming ESA as you would claiming JSA even though you may never win your claim and be found unfit for work.


If I was in that situation today, I would be claiming ESA, put up with the MR and look for a job in my own time and in my own way.

bery_451

speedfreek1000 wrote: »

Incorrect!

Once the appeal is lodged and the Tribunal Service notify the DWP payment resumes. As long as you have a valid fit-note covering the MR period you will now receive back payment from the date the decision was made to stop ESA.

http://www.cpag.org.uk/content/new-appeals-rules-and-procedures

http://www.disabilityrightsuk.org/appeals-and-mandatory-reconsideration

Ok I believe that applies for claimants after WCA (correct me if im wrong) however does the same policy applies to claimants that had their benefit stopped due to failing to attend a WCA?

Also does the claimant has to go without assessment rate payment for 6 months after the ESA claim is closed meaning it is advised for claimant to open up a fresh new ESA claim after 6 months from closure date?

Morlock

bery_451 wrote: »

Claimant is forced to claim JSA...

That's the Tory ideology behind mandatory reconsideration, forcing ESA claimants on to JSA.

Morglin

speedfreek1000 wrote: »

Incorrect!

Once the appeal is lodged and the Tribunal Service notify the DWP payment resumes. As long as you have a valid fit-note covering the MR period you will now receive back payment from the date the decision was made to stop ESA.

http://www.cpag.org.uk/content/new-appeals-rules-and-procedures

http://www.disabilityrightsuk.org/appeals-and-mandatory-reconsideration

Cheers - I wasn't sure when the MR period was repaid to the claimant.

Lin

Morlock

tinkledom wrote: »

No but under the old system pre MR, there were no sanctions.

There were sanctions imposed on ESA WRAG claimants before mandatory reconsideration. The personal allowance component of ESA, around £71, was, and still is, sanctionable for failing to attend work-focused interviews or participating in mandatory work related activity.

Morglin

Morlock wrote: »

That's the Tory ideology behind mandatory reconsideration, forcing ESA claimants on to JSA.

This 'going onto JSA' until the MR is decided, has proved very problematic for some claimants, and the JSA claims being rejected by JCP.

Simply because, in order to claim JSA, there has to be agreement that the claimant is willing to work, and will seek work.

Obviously, this collides with ESA claim where the claimant is saying they cannot work.

There are a lot of problems, at the moment, according to various welfare rights groups around all this.

I assume, though, a claimant waiting for the MR could claim hardship allowance, if no other income?

Lin :think:

pmlindyloo

Morglin wrote: »

This 'going onto JSA' until the MR is decided, has proved very problematic for some claimants, and the JSA claims being rejected by JCP.

Simply because, in order to claim JSA, there has to be agreement that the claimant is willing to work, and will seek work.

Obviously, this collides with ESA claim where the claimant is saying they cannot work.

There are a lot of problems, at the moment, according to various welfare rights groups around all this.

I assume, though, a claimant waiting for the MR could claim hardship allowance, if no other income?

Lin :think:

I understand what you are saying but it would be good to hear from people who have found problems with claiming JSA in these circumstances.

In my area reconsiderations are going though very quickly (maximum of two weeks) and the job seeking process hardly gets started before the person can reclaim the assessment rate of ESA again.

Also, to my knowledge Job Centre Plus have received guidance on these particular situations.

This situation has occurred before when ESA claimants have been refused ESA even after an appeal and then have to claim JSA.

Anyone been in the position of claiming JSA when waiting for a reconsideration of ESA?

Morglin

Yeah, I agree, as have never had to do all this, and it's only anecdotal from other sites and forums where claimants have tried to go down this road, and had problems.

Some areas are pretty good with MR, but others are not.

Lin

bery_451

tinkledom wrote: »

Even using those guidelines you would only have to wait a max of 6 weeks before a new claim could be put in.


Like everything that the government of the day does, the reality is far from the intention.


Currently appeals are taking years not weeks!

I thought the claimant has to go without assessment rate payment for 6 months after the ESA claim is closed meaning it is advised for claimant to open up a fresh new ESA claim after 6 months from closure date not 6 weeks right?