esa assessment review date

Crazydiamond wrote:

The DWP would be ignoring their own guidelines, but the guidelines do not reflect any interpretation of the law as they are concerned solely with procedural matters.

If the DWP choose to ignore their own guidelines however and subject you to the WCA before the due date, this is tantamount to maladministration for which suitable redress may be available?

How is it "Maladministration" ? The DWP say
The term “maladministration” is not defined, but is sometimes used to describe when our actions or inactions
result in a customer experiencing a service which does not match our aims or commitments given. For example: wrong advice, discourtesy, mistakes and delays.

They make a point on awards of not saying for sure when they will review the dates only a guide not set in stone.. or have I missed something ?

See the Local Government Ombudsman's definition of maladministration.

www.lgo.org.uk/guidance-inv/analysis-of-...l/maladministration/

Andy wrote:

CrazyDiamond wrote:

I would also recommend that every time a claimant fails the WCA, they immediately reclaim ESA as well as lodging an appeal against the adverse decision, especially if there is a deterioration in a medical condition.

I'm puzzled, Crazy D.

Surely you can't start a fresh claim until six months after the last one has been rejected? Except where you have a new condition or a significant deterioration of the original.

Tempting as it might be to bombard DWP with paperwork to get one's own back, it seems pointless to submit a claim which will be rejected out-of-hand because it falls outside the regulations.

But I do agree that if, while waiting for your appeal, your health condition gets worse, then it makes sense to inform DWP (and get ready to send off your updated ESA50).

Andy.

Hi Andy

You can reclaim ESA immediately after failing the WCA without a deterioration/new condition, you just won't get paid at the assessment rate for your new claim until a decision is reach. The DWP still need to consider your claim. See the bulletin below.

www.cpag.org.uk/cro/wrb/wrb213/ESA.htm
Regards

Derek

Thanks, Derek. Really useful link!!!

originaldave wrote:

Crazydiamond wrote:

The DWP would be ignoring their own guidelines, but the guidelines do not reflect any interpretation of the law as they are concerned solely with procedural matters.

If the DWP choose to ignore their own guidelines however and subject you to the WCA before the due date, this is tantamount to maladministration for which suitable redress may be available?

How is it "Maladministration" ? The DWP say
The term “maladministration” is not defined, but is sometimes used to describe when our actions or inactions
result in a customer experiencing a service which does not match our aims or commitments given. For example: wrong advice, discourtesy, mistakes and delays.

They make a point on awards of not saying for sure when they will review the dates only a guide not set in stone.. or have I missed something ?

Failure to follow the proper procedures amounts to maladministration.

If the DWP lay down procedural guidelines for the purposes of uniformity which state that the WCA will not commence until a claimant's (PCA) review date is due, if the claimant can prove that they are to be transferred to ESA before this date, there would be grounds to make an official complaint to the DWP. All that is needed is the requisite proof to demonstrate a failure in procedure.

Once the evidence is presented to the DWP, the onus would be on the Department to prove that their was an exception to the rule whereby a claimant could be transferred to ESA before the due date. If they failed to do so, there would be certainly an arguable case of maladministration.

Crazydiamond wrote:

originaldave wrote:

Crazydiamond wrote:

The DWP would be ignoring their own guidelines, but the guidelines do not reflect any interpretation of the law as they are concerned solely with procedural matters.

If the DWP choose to ignore their own guidelines however and subject you to the WCA before the due date, this is tantamount to maladministration for which suitable redress may be available?

How is it "Maladministration" ? The DWP say
The term “maladministration” is not defined, but is sometimes used to describe when our actions or inactions
result in a customer experiencing a service which does not match our aims or commitments given. For example: wrong advice, discourtesy, mistakes and delays.

They make a point on awards of not saying for sure when they will review the dates only a guide not set in stone.. or have I missed something ?

Failure to follow the proper procedures amounts to maladministration.

If the DWP lay down procedural guidelines for the purposes of uniformity which state that the WCA will not commence until a claimant's (PCA) review date is due, if the claimant can prove that they are to be transferred to ESA before this date, there would be grounds to make an official complaint to the DWP. All that is needed is the requisite proof to demonstrate a failure in procedure.

Once the evidence is presented to the DWP, the onus would be on the Department to prove that their was an exception to the rule whereby a claimant could be transferred to ESA before the due date. If they failed to do so, there would be certainly an arguable case of maladministration.

I see what you mean but dont they write the letters in such a way, that they can do what they want? the letter giving you a review date says "you might" not you will