Reclaiming ESA - legal changes come end of March.

rogerblack

http://www.legislation.gov.uk/uksi/2015/437/contents/made

If you have ever been found fit for work - you now cannot be paid ESA for the same condition until you are assessed.
Assessments are in some areas currently taking over a year for some.

This applies even if you had depression in 1998, were assessed as having recovered in 1999, and got back to work for the 15 years since.
If you again suffer from depression, then in order to be paid ESA, you will need to convince the DWP that your condition has significantly worsened, or that you also have a new condition, before you will be paid even the assessment rate.

This extends the '6 month' rule - which was put in in 2008, in order to stop 'revolving door' claims.

Of course, in 2008, this actually worked somewhat.

As in 2008, you'd get assessed for ESA around week 12, decision made around week 13, and benefit stopped, appeal the decision, and then get a decision on that appeal either allowing or stopping benefit around week 18, meaning you have at the very least 8 weeks off benefit, and possibly more - with the average considerably under JSA.

The system has slowed down to such an extent that the chances of a decision on your claim happening before the 26 weeks are up is now zero.

benniebert

rogerblack wrote: »

http://www.legislation.gov.uk/uksi/2015/437/contents/made

If you have ever been found fit for work - you now cannot be paid ESA for the same condition until you are assessed.
Assessments are in some areas currently taking over a year for some.

This applies even if you had depression in 1998, were assessed as having recovered in 1999, and got back to work for the 15 years since.
If you again suffer from depression, then in order to be paid ESA, you will need to convince the DWP that your condition has significantly worsened, or that you also have a new condition, before you will be paid even the assessment rate.

This extends the '6 month' rule - which was put in in 2008, in order to stop 'revolving door' claims.

Of course, in 2008, this actually worked somewhat.

As in 2008, you'd get assessed for ESA around week 12, decision made around week 13, and benefit stopped, appeal the decision, and then get a decision on that appeal either allowing or stopping benefit around week 18, meaning you have at the very least 8 weeks off benefit, and possibly more - with the average considerably under JSA.

The system has slowed down to such an extent that the chances of a decision on your claim happening before the 26 weeks are up is now zero.

But isn't that the fault of the many that used the 'revolving door loophole'? OK some claimants were genuine and honestly believed that a mistake had been made in the DWP's decision. However there were many that used it to avoid having to go onto JSA, they continually received ESA despite multiple assessments and failure decisions. Another way of looking at it is that this 'loophole' does not apply to any other benefit, so why should ESA be any different. You certainly aren't allowed a payment by DLA/PIP for example whilst waiting for a Tribunal hearing after being found that you are not entitled.

rogerblack

benniebert wrote: »

But isn't that the fault of the many that used the 'revolving door loophole'? OK some claimants were genuine and honestly believed that a mistake had been made in the DWP's decision.

The government are using that as a reason, yes.
This has never, as far as I'm aware actually been shown to be fit-and-well people doing this.

Indeed, what limited research I recall by the DWP shows the very opposite.

ESA is not granted because you are not fit for work.
ESA is granted because you meet one or more of the criteria.

My common example is someone who due to a sports injury cannot place either arm into a upper shirt pocket, but can do every other task gets placed into the support group.

A claimant who uses a wheelchair, can't walk and can slowly wheel himself over 200m. He can only work for 90 minutes at a time before becoming utterly exhausted. He has difficulty conveying or understanding more than simple messages from strangers. Once every couple of months has a sudden accident where he loses control of his bowels. Can barely operate a washing machine due to cognitive problems. Several hours a day he can't cope with trying to talk to new people.

Is fit for work.

At no point in the ESA test is 'claimant is unfit for any reasonable hope of work' a direct route to ESA.

Do I have a problem with people who genuinely have any reasonable prospect of employment being made to claim JSA - not really.
But - many are not in this category.

Ames

A nightmare for people with relapsing and remitting conditions. Although presumably if you sign yourself off benefits due to being in remission, then reapply due to a relapse, this wouldn't apply?

Freshstart2012

Hi
If you claimed ESA due to a medical condition but managed to sign yourself off earlier than you had planned, but then had another episode or a major relapse at some point in the future, would you be entitled to claim again ?
Or would the original condition have to of deteriorated ?

System

So does your condtion have to have worsened from the original claim or worsened since you came off the benefit? I forsee this causing issues. When i claimed ESA i was at my very worst, in the support group etc. Are they saying if i relapse, unless my condition is even worse than that i won't be able to claim? Chrsit if it was worse than it was then i'd be dead..

Knackeredoldbat

Crikey..... does this apply to cancer? I've had my treatment and am able to return to some work (after 2 years) but what if it returns. After all, I'm not 'cured' I'm in remission. Could get the same cancer back again, or secondaries .....

ps I'm not saying cancer's a 'special illness' just that its something that can crop up again down the line. Many people are struggling horrendously with this carp system and I can't see it getting any better

Weary_soul

I suspect that (as per) the government haven't taken such a thing onboard when coming up with this stupid (and imo) draconian measure.

tomtontom

This only applies to those that have failed the WCA and not successfully appealed the decision. It does not apply to those that have voluntarily ended their claim/ declared themselves as fit for work.

bloolagoon

Thank you for the info roger

GirlFromMars_2

Great, so genuine claimants are once again being punished because the government cannot process people within a reasonable time frame.

The disability advisers at the jobcentre are going to have fun picking up the slack!