Effective date of decision stopping Limited Capability for Work

bigears25

If the ESA50 form / health questionnaire is not returned even after a reminder deadline, then DWP can decide the claimant no longer has LCW limited capability for work.

On what date would the LCW actually stop from?

Does LCW stop back from the date of the deadline to return the form?

Or does LCW stop only from the date the DWP actually makes a decision that LCW should stop because the form deadline was missed?

So, if the form deadline is 1st April, but DWP does not make a decision to stop LCW until 15th April, will LCW stop from 2nd April (day after deadline) or will it stop from 15th April (date of decision)?

So I mean what is the effective date of a decision to supersede LCW for failure to return ESA50 form?

Hope that is clear.  If you know a reference to the rule or you speak from experience that would help a lot.

thanks

huckster

Have you received such a decision and think the date is wrong?  You can ask for written statement of reason where a Decision Maker fully explains how they reached the decision. And you can ask for Mandatory Reconsideration to appeal the decision.

Was LCW applicable due to previous work capability decision, the LCW was subject to reassessment and the ESA 50 form was not received back.

Did they allow a period of at least 7 days to provide good reasons for not returning the completed ESA form?  And did you respond to the request for good reasons to be provided? 

Cannot find any legislation to quote, but generally where a decision is made to remove entitlement of a previous award due to reassessment process  it would be the date of the decision to revise the  benefit award.