ESA reviews/WCA's suspended for current claimants for 2 years

mummyofonechild

melbury wrote: »

Is this correct? My OH was called in for a repeat assessment by ATOS last July. Was he just very unlucky?

Should read 20 January 2014

Morglin

Apologies for the the mistake on the info, someone is still in last year!

Have edited the post.

Lin )

melbury

Morglin wrote: »

Apologies for the the mistake on the info, someone is still in last year!

Have edited the post.

Lin )

That's a relief:)

So hopefully he won't be called in again this year.

Morglin

Yeah, I copied and pasted the article and didn't notice the date of cut off was a year out. :doh:

So, no, as far as is known, if someone is due review, at the moment, or in the near future, they will not be reviewed for the two year 'suspension' period.

Unless the government changes it's mind again......:whistle:

Lin

Mr_Lawnmower

Morglin wrote: »

Yeah, I copied and pasted the article and didn't notice the date of cut off was a year out. :doh:

So, no, as far as is known, if someone is due review, at the moment, or in the near future, they will not be reviewed for the two year 'suspension' period.

Unless the government changes it's mind again......:whistle:

My understanding is that the system that selects people for ESA reassessment continues to operate, but those it selects are being deferred for two years rather than referred for reassessment. If that is the way this policy is operating, those who don't reach their date for reassessment whilst it in place will keep their original reassessment date.

I do not believe this policy amounts to a blanket deferral of two years for everyone on ESA.


Deferral for two years under this policy may simply be an administrative step to stop the computer repeatedly selecting the same people. Once sufficient capacity is in place to carry out the WCA, it may well be that everyone's reassessment date is adjusted to put cases back into some sort of priority order.

The reassessment date recorded on DWP's computer does not amount to a promise that you will not be reassessed before that date. Regulation 19(7) and 19(8)(c) of The Employment and Support Allowance Regulations 2008 (SI 2008/794) allows the Secretary of State (i.e. DWP) to make a fresh determination of Limited Capability of Work at any time and for any reason, so long as 3 months have elapsed since the previous assessment. Arbitrary use of this discretion could be challenged via judicial review, but judicial is unlikely to offer a successful route of challenge to a reasoned policy of adjusting everyone's reassessment date once reassessment referrals restart.

Morglin

Well, all I know us that Welfare Rights, a very knowledgable site, and B&W is a very well respected site, and a few MP's have said that reassessments ARE being suspended for two years, unless the claimant requests it.

Migrations from IB and SDA, along with new claims will continue.

The Secretary of State can do as he likes, obviously, but with the backlogs and chaos is unlikely to do it!

The latest information, supplied via a DWP 'mole' is the latest info anyone has, and regulations held previously don't really have much bearing on the current situation.

If you have confirmation that the situation has changed since last week, then please could you post it? Could do and maybe's there will always be, but confirmation is better!

Of course, prior to this, 3 months was all that was needed, but prior to this ATOS hadn't decided to quit and the backlog was less than now. Mike Penning, Disability Minister, also confirmed the suspension.

Lin

Mr_Lawnmower

There is no doubt that the current practice is a two year deferral for anyone who would otherwise be referred for a repeat WCA. All I was saying is that some might be putting too much reliance on not having to undergo a new WCA for at least two years beyond their expected reassessment date. I know everyone wants certainty, but I don't believe the situation allows quite that level of certainty.

The deferrals were not the result of a formal policy embodied in regulations made by ministers and publicised via the usual Parliamentary routes but DWP operational practice that has come to light via Freedom of Information. DWP already have the legal authority needed to rearrange everyone's reassessment dates, which would allow them to adjust the dates to put the order for reassessment referrals back to what it was before reassessments were suspended (or something else that has a reasoned basis).


My strong suspicion is that DWP now have no alternative to allowing those two year deferrals to be implemented in full because of the publicity this has now received.


The way I read the extracts published by B&W is that it is only those who would have been reassessed who get a two year deferral, not everyone on ESA.


The thing I hope we can all agree on is that for the foreseeable future there will be no more reassessments for those who have already undergone an ESA assessment unless they report a change of circumstances. It is likely that all those referred before the January cut off will now have got their ESA50 - but if you get an ESA50 or assessment appointment, you have to do what is requested.

Richie-from-the-Boro

ATOS is now OH Assist - OH Assist™ is a trademark of the Atos Group.

Morglin

I notice, via B&W news, that ATOS are trawling Facebook 'asking' that negative stories etc., are removed....:whistle:

Lin

rogerblack

As a point of law - it is quite within the DWPs power, with no legislative changes whatsoever to do the above halting of WCAs.

It is also quite within their power to conduct any legally required reviews for people unlikely to get better on paper only, without contacting the claimant, if that is appropriate.