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- Jay
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- Gordon
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Jay wrote: Hi sorry if I am in wrong place it is my first post. If you win a tribunal, ESA support group. DWP ask for SoR. Can you claim ESA at assessment rate or do you have to still claim JSA? He has struggled with JSA and refused to go to Ingeus. He is at the end of his tether. Any help please?
Welcome to the forum.
I am afraid that ESA is not payable during an appeal to the Upper Tier Tribunal unless an award is currently in place, your only option at this time is to continue to claim JSA.
Gordon
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- Jay
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Any advice?
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- Gordon
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Jay wrote: I have called tribunal court they received the request for SoR today. Court say it can take months. Then DWP may not take it to Upper tier. Job centre are stuck as to what to do with my client who is not coping. They told MP office one thing then told his colleague something different.
Any advice?
Your client needs to be careful, whilst they can negotiate a minimum Claimant Commitment, there are limits to what their JC+ will accept and they can close their JSA claim if they are not considered to be participating.
Gordon
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- Jay
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A SoR can take 2or 3 weeks or 2 or 3 months depending on the Judge and how busy they are.
Once received the DWP will have one month to decide whether to pursue the matter further. They cannot appeal the Decision because they do not like it, only because they believe that there has been an Error of Law. Your client will receive a copy of the SoR and can argue against any Error that the DWP put forward.
What is an Error of Law?
There are checkpoints through out the process but if it goes all of the way then it could easily take the best part of a year to resolve.
Gordon
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