DWP Mandatory Reconsideration advice?

tinkledom

bery_451 wrote: »

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?

You're misunderstanding what has been said.
A new ESA claim can be opened for the same condition after 6 months from when the DWP said that you were fit for work.
Given the delays in the appeal system, this works to the claimant's advantage.


say the claim was made on the 1st Jan


the DWP decided that you were fit for work on the 1st March


you appealed and the appeal hearing took place on the 1st November and it was thrown out.


You can make a new claim anytime after 6 months from the 1st March - ie anytime after the 1st September.


So in this example you put in a new claim the same day as the tribunal failed you - 1st November.

You would never be without money and you could carry this on for years as long as you had a sick note.


The 6 weeks came into it as an answer to the previous post where that poster assumed that there were no delays in the appeal system - which obviously is untrue.

rogerblack

tinkledom wrote: »

The 6 weeks came into it as an answer to the previous post where that poster assumed that there were no delays in the appeal system - which obviously is untrue.

I was quoting the expected timescale at the time the legislation was brought in. This was more like 8 weeks than >>26.
Hence it would reasonably be expected that payment was not continuous.
If the government wished to close this 'loophole' at any point in the last 6 years or so, they could have increased funding for the decisionmakers, and tribunals service to clear these cases more rapidly.
Indeed - this may have actually _saved_ money.

bery_451

tinkledom wrote: »

You're misunderstanding what has been said.
A new ESA claim can be opened for the same condition after 6 months from when the DWP said that you were fit for work.
Given the delays in the appeal system, this works to the claimant's advantage.


say the claim was made on the 1st Jan


the DWP decided that you were fit for work on the 1st March


you appealed and the appeal hearing took place on the 1st November and it was thrown out.


You can make a new claim anytime after 6 months from the 1st March - ie anytime after the 1st September.


So in this example you put in a new claim the same day as the tribunal failed you - 1st November.

You would never be without money and you could carry this on for years as long as you had a sick note.


The 6 weeks came into it as an answer to the previous post where that poster assumed that there were no delays in the appeal system - which obviously is untrue.

So what you saying that the claimant is never without money cause the claimant will get the assessment rate during those 6 months? How is this possible when DWP closed the claim?

tinkledom

bery_451 wrote: »

So what you saying that the claimant is never without money cause the claimant will get the assessment rate during those 6 months? How is this possible when DWP closed the claim?

The claim is not closed until the Tribunal make their decision. The DWP have said that the claim is denied, but they don't have the power to close it whilst it is under appeal. Hence the claim continues to be paid from when the DWP tell you that you have failed right up to when the Tribunal decides.
This timescale can be anything up to a year or more after when the DWP tell you that the claim has been denied to when the Tribunal sit. Using the delay in getting the hearing to take place, you simply carry on receiving the money.

HB58

This is only the case of people entitled to income-related ESA, of course. Otherwise contributary ESA will stop after 365 days, even if the appeal has not been heard at that stage. In some cases, people can claim again using later years NI contributions, but I don't think those circumstances apply to many claimants.

bery_451

tinkledom wrote: »

The claim is not closed until the Tribunal make their decision. The DWP have said that the claim is denied, but they don't have the power to close it whilst it is under appeal. Hence the claim continues to be paid from when the DWP tell you that you have failed right up to when the Tribunal decides.
This timescale can be anything up to a year or more after when the DWP tell you that the claim has been denied to when the Tribunal sit. Using the delay in getting the hearing to take place, you simply carry on receiving the money.

Even though the claimant receives a P45 you still saying the claim is still open?

speedfreek1000

bery_451 wrote: »

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?

I this the real reason you are asking about MR?

For a FTA - no payment until either;

1 you win the MR or win the appeal against the decision of FTA on original claim.
2, you start a new claim and either pass the WCA or if you fail go through MR and the appeal is lodged and accepted by the Tribunal Service.

Note: the appeal on the FTA can/should be continued! Also there is no 6 months rule applied here so you can claim straight away - no payment until 1 or 2 above is satisfied though.

I'm not sure what you're getting at in part 2 of the question above about the 6 month rule?

bery_451

speedfreek1000 wrote: »

I this the real reason you are asking about MR?

For a FTA - no payment until either;

1 you win the MR or win the appeal against the decision of FTA on original claim.
2, you start a new claim and either pass the WCA or if you fail go through MR and the appeal is lodged and accepted by the Tribunal Service.

Note: the appeal on the FTA can/should be continued! Also there is no 6 months rule applied here so you can claim straight away - no payment until 1 or 2 above is satisfied though.

I'm not sure what you're getting at in part 2 of the question above about the 6 month rule?

So what you saying for Failing to Attend WCA the claimant will get £0 until claimant wins MR or wins at Tribunal? Lets say claimant waited 18 months for Tribunal hearing and wins a another WCA at this hearing. Does that mean claimant get nothing £0, no assessment rate during those 18 months?

If claimant wins another WCA at Tribunal then will claimant gets 18 month of back dated pay of assessment rate including MR period?

bery_451

bump anyone?

iluvmarmite

I don't get this, if you fail to attend a WCA without good reason then usually your claim is denied full stop because they haven't been able to assess you. What would you be asking a MR for? It's not as if you turned up for the WCA and was failed with 0 points, or put in the WRAG when you think it should be support group.