ESA - not assessed before stopped due to retirement age.

Rubyroobs

Hoping someone can help.
If someone was claiming Contributions based ESA for 12 months prior to becoming state retirement age but never went through a work capability assessment and only received assessment rate before ESA was stopped due to reaching state retirement age, where do they stand ?
If they had been assessed in a timely manner and awarded support group/ LCWRA ( likely ), they would have received back pay of support group element from after the 13 week waiting period. As it stands, this person was never assessed so potentially missed out on payments. Can anything be done? Thank you.

calcotti

I think they should be pressing for the WCA to still be carried out - but it could be a struggle.

Alice_Holt

Not that helpful in this case, but before SPA a pre action judicial review letter citing delay and the imminent SPA would have been a useful tactic. 

https://cpag.org.uk/welfare-rights/judicial-review/judicial-review-pre-action-letters


Now, I would involve the MP and cite medical evidence (and a tribunal type submission / write up) to show that the SG was the likely outcome had a timely WCA been administered. 

Rubyroobs

Alice_Holt said:

Not that helpful in this case, but before SPA a pre action judicial review letter citing delay and the imminent SPA would have been a useful tactic. 

https://cpag.org.uk/welfare-rights/judicial-review/judicial-review-pre-action-letters


Now, I would involve the MP and cite medical evidence (and a tribunal type submission / write up) to show that the SG was the likely outcome had a timely WCA been administered. 

Thanks both.