esa reassessment and wrag

epitome

rogerblack wrote: »

What the DWP call the individual steps is not relevant.

It is relevant, what is more relevant is what the law calls the individual steps.

You remember this from the ESA regs 2008 Reg 30.

2(b) (paraphrased) Claimants are not to be treated as having LCW if they have failed WCA in the last 6 months....

(3) Paragraph (2)(b) does not apply where a claimant has made and is pursuing an appeal against a decision that embodies a determination that the claimant does not have limited capability for work and that appeal has not yet been determined by an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998(1).

You remember under old rules if you asked for a Reconsideration you didn't get paid. If you asked for an appeal you did get paid, but they did a recon first anyway. Under these regulations "appeal" was not defined, all you had to do is use the word appeal and you would be "paid on appeal".

Now we have new rules, new laws and new definitions.

The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013

Interpretation:
2. In these Regulations—
“appeal”, except where the context otherwise requires, means an appeal to the First-tier Tribunal established under the Tribunals, Courts and Enforcement Act 2007(5);

Legally speaking what you are saying is wrong, and I don't think it helps users to be confused by using the wrong terminolgy