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ESA50 form return period from 6 weeks to 4

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12 years 6 months ago #69899 by gyrfalcon
I've been told by someone who works for the DWP, that his department have been told this week that the period of ESA50 form return time is shortly to be reduced from 6 weeks to 4 weeks.

This seems tremendously regressive to me, all things considered.

If I hear anything further (and can confirm this news) I will post.

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12 years 6 months ago #69902 by Gordon
Bobby wrote:

I've been told by someone who works for the DWP, that his department have been told this week that the period of ESA50 form return time is shortly to be reduced from 6 weeks to 4 weeks.

This seems tremendously regressive to me, all things considered.

If I hear anything further (and can confirm this news) I will post.

I am afraid that this is the usual rubbish that we have sadly become accustomed to hearing from the DWP.

The six weeks period for completing the ESA50 is written into the ESA Regulations 2008, the legislation under which ESA operates, it cannot be changed by anything other than a change to the Act.

Gordon

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

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12 years 6 months ago #69970 by scotjen
Replied by scotjen on topic Re:ESA50 form return period from 6 weeks to 4
This is my first post and hope I have done this properly. I just wanted to let you know that I have just had the telephone call re IB To ESA migration. He told me that I had 4 weeks to return the form once I received it.

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  • paula
12 years 6 months ago #69976 by paula
surely that can't be right, i think gordon's post is the right one, they can't change the time period without changing the law, the dwp are famed for mis information, check with the cab and welfare advisor. My friend has just gor her form and with the letter is says six weeks.

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12 years 6 months ago #69979 by scotjen
Replied by scotjen on topic Re:ESA50 form return period from 6 weeks to 4
Hopefully when my fom eventually arrives then it will say 6 weeks on it. I asked specifically about how long I had to return it as I had read this post previously and I too was surprised at his answer of four weeks. He did say they would write to me before the time was up to remind me.

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12 years 6 months ago #69998 by Gordon
For anybody interested the relevant section is as follows;

The ESA Regulations 2008.
Clause 22.2
(a) at least 6 weeks have passed since the claimant was sent the first request for the information; and

(b) the claimant was sent a further request at least 4 weeks after the date of the first request, and at least 2 weeks have passed since the further request was sent.

The second part (b) relates to the reminder letter we all know and love.

Gordon

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