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TOPIC: Linking Rules

Linking Rules 7 years 1 month ago #11838

  • malsuth111 Malcolm
Just had my appeal re: medical assessment for ESA upheld and the Tribunal directed for me to be put into the work-focused group.
Now ESA have decided that they want to again check if Linking Rules apply. The result is that instead of getting work-focused supplement to ESA + back payments, my payments are now on hold whilst another Decision Maker looks at the claim. Which is not the result I was expecting!
I was working between May 2008 and January 2009. I did inquire about linking rules, but was told by the Incapacity Benefit department that they did not apply, which I accepted before going to appeal.
My medical certificate ran out after the date of my successful appeal and it has now been suggested that I might want to get another med. cert. 'just in case' the linking rules are now deemed to apply. Having been through the stress of a tribunal, I am not keen to having to go through a new capability assessment etc. The time limits for the Work Capability Assessment and the PCA (Incapacity Benefit) are different. And not being paid whilst this is run past a Decision Maker feels bureaucratic and, frankly, not right.
Anyone got any feedback?
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Re:Linking Rules 7 years 1 month ago #11872

  • Jim Allison
  • OFFLINE
  • retired Principal Welfare Rights Officer
Hi Malcolm,

As I'm now retired, my knowledge of ESA is sparse. The best advice I can give you is to ring the office dealing with your claim and ask to speak to the Decision Maker, they are expected to speak to claimants who have a complaint.

In my opinion the transition from IB to ESA has been a total 'cock up', not that I blame the DWP staff, it's to do with Parliament passing new legislation without sufficient preparation.

Perhaps Crazydiamond (a former DSS Adjudication Officer) now of course called Decision Makers may be able to offer you more definitive advice.

Good luck.

Jim
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Linking Rules 7 years 1 month ago #11892

Jima1 wrote:
Hi Malcolm,

As I'm now retired, my knowledge of ESA is sparse. The best advice I can give you is to ring the office dealing with your claim and ask to speak to the Decision Maker, they are expected to speak to claimants who have a complaint.

In my opinion the transition from IB to ESA has been a total 'cock up', not that I blame the DWP staff, it's to do with Parliament passing new legislation without sufficient preparation.

Perhaps Crazydiamond (a former DSS Adjudication Officer) now of course called Decision Makers may be able to offer you more definitive advice.

Good luck.

Jim

I must admit the linking rules for both ESA and IB are not something I am familiar with, because I have never had to refer to them in my own particular circumstances.

However, on the face of it, I can see no reason why the DWP should not implement the tribunal's decision if the claimant is still incapacitated and meets the conditions of entitlement, and make immediate payment.

I would be inclined to ring the local JCP/benefit delivery office and demand immediate payment. If there is any suggestion of further delay, a complaint should be made to the Customer Service Manager at the office concerned, as the DWP are legally bound to make payment unless there is good reason to consider a suspension. If so, the claimant should be informed in writing as to why the suspension applies?
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Linking Rules 7 years 1 month ago #11997

  • malsuth111 Malcolm
Thanks for your feedback. I will follow it up. It did/does seem odd that nothing has happened.

Malcolm
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Re:Linking Rules 7 years 2 weeks ago #12994

  • malsuth111 Malcolm
Finally, a decision on this. Due to 'a material mistake' I should have been on IB under the linking rules. So ESA is stopped and IB backdated to the beginning of the claim (minus ESA money so far paid).
Unfortunately, my medical and successful appeal under ESA are now irrelevant and I will have to go through the PCA, although it will be linked to the start of my claim (9 months ago). Seems very complex to me.
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Re:Linking Rules 7 years 2 weeks ago #12999

Hi,

One problem with this, so far as I can see, is how they are going to carry out a medical that decides how your condition affected you nine months ago - is there an Atos Time Machine at every medical examination centre?

Good luck with this - let us know how it goes.

Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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