ESA - Mandatory Reconsideration Notice

Hi Guys

Hope that you are well.

I have a couple of queries that I hope you can help with. I will put the queries in separate posts for ease of reference.

The first query is in respect of employment and support allowance. My mother was in receipt of this benefit and from my understanding this was reviewed on an annual basis i.e. we had to complete new forms each year.

We completed the forms in Jan/Feb 2017 but then my mother’s sister passed away outside the UK. My mother thus left the country at the of Feb 2017. She was only expected to be out the country for a few weeks but she then got ill when she was abroad. She had to see a medical professional abroad and he advised that the should rest for a few weeks and was in no fit state to fly. My mother then revisited the medical professional as her condition had not improved and was again advised to rest. She was finally well enough to travel in early May 2017.

In the period that she was abroad, we had a letter requesting that she needed to attend an assessment. I called them to inform them that my mother had gone abroad but had become ill. Another appointment was provided but my mother was still abroad unwell and thus her claim was suspended.

We completed a Form BF5 which provided more details and included correspondence written by the medical professional that was treating my mother. The DWP stated that the claim to ESA was retained in the first 28 days but not thereafter. We requested a mandatory reconsideration and have now been told that the original decision.

They stated that ESA could be retained provided certain conditions were met:

- The absence is temporary; and
- The absence us unlikely to exceed 52 weeks; and
- They continue to satisfy the other conditions of entitlement to ESA.

They stated that the Law allows for a person to avoid losing entitlement to ESA for the first 26 weeks of an absence if they are receiving medical treatment abroad. However, the absence from Great Britain must be solely to receive treatment for a condition which started before the claimant left GB and is directly related to the claimants limited capability for work.

In my mother’s case she went abroad following the death of her sister, not to receive medical treatment. As such, she did not satisfy the conditions of extending her entitlement to ESA to 26 weeks.

The DWP state they have checked the law and are satisfied it has been applied correctly – Welfore Reform Act 2007, Section 1 (3) and Employment and Support Allowance Regulations 2008 Regulation 151; 152; 153

They have given us the option to take this to a tribunal.

The question I have is does the above look reasonable and is it not worth going to the Tribunal? Should we just make a new application?

My mother has also turned 64 recently and is eligible for pension credit. Can this be claimed on top of ESA and PIP?

Gordon

Thanks for the reply.

When you say trained advisor re PC - what do you mean?

My mother has also recently been denied PIP after an assessment. Does the PC not cover PIP as well?