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changes to the appeal system
- Sue
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11 years 2 months ago #98491 by Sue
changes to the appeal system was created by Sue
I did post this before but it appeared not to have got through
Hi
The latest news on the changes to the appeal system on this site was the government was still undecided but considering not paying the basic rate of ESA during the reconsideration period. Do we have an update on this. I did read on the DWP site that they are now considering a time limit on the reconsideration period which I feel doesn't bode well for continuing ESA payment-
thank you
Sue
Hi
The latest news on the changes to the appeal system on this site was the government was still undecided but considering not paying the basic rate of ESA during the reconsideration period. Do we have an update on this. I did read on the DWP site that they are now considering a time limit on the reconsideration period which I feel doesn't bode well for continuing ESA payment-
thank you
Sue
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- slugsta
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11 years 2 months ago #98498 by slugsta
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Replied by slugsta on topic changes to the appeal system
I have heard today that people who fail the WCA and are not awarded ESA will automatically be transferred to JSA while awaiting reconsideraton. I do not kow the source of this information or whether it is anything more than scaremongering
mikesivier.wordpress.com/2013/02/01/clau...ts-for-the-disabled/
mikesivier.wordpress.com/2013/02/01/clau...ts-for-the-disabled/
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- Gordon
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11 years 2 months ago - 11 years 2 months ago #98505 by Gordon
As I understand it, this willl be introduced for PIP and the Universal Credit from April of this year, the plan, and it is no more than that at this stage, would be to introduce it for ESA from October 2013.
Concerns have been raised by a number of groups over the period a Reconsideration might take, the DWP are looking at setting a target, and in the case of a Fit for Work Decision the anomaly of someone having to claim JSA, when it is their contention that they are not Fit for Work.
To be clear, the current ESA legislation only allows payment where an apppeal has been made, not when a Reconsideration has been requested (Fit for Work Decision only).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic changes to the appeal system
Sue wrote: I did post this before but it appeared not to have got through
Hi
The latest news on the changes to the appeal system on this site was the government was still undecided but considering not paying the basic rate of ESA during the reconsideration period. Do we have an update on this. I did read on the DWP site that they are now considering a time limit on the reconsideration period which I feel doesn't bode well for continuing ESA payment-
thank you
Sue
As I understand it, this willl be introduced for PIP and the Universal Credit from April of this year, the plan, and it is no more than that at this stage, would be to introduce it for ESA from October 2013.
Concerns have been raised by a number of groups over the period a Reconsideration might take, the DWP are looking at setting a target, and in the case of a Fit for Work Decision the anomaly of someone having to claim JSA, when it is their contention that they are not Fit for Work.
To be clear, the current ESA legislation only allows payment where an apppeal has been made, not when a Reconsideration has been requested (Fit for Work Decision only).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 2 months ago by Gordon.
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- Sue
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11 years 2 months ago - 11 years 2 months ago #98506 by Sue
Replied by Sue on topic changes to the appeal system
That's why I'm checking- the latest information on this was in Sept on this site and Disability Rights UK both saying its still undecided. but various campaigning groups are saying that as clause 99 is now law then the only option will be JSA, which for many sick people is not a option. Although no-one can give me recent information on this. I imagine that that the government will carry through this but I think we all want to know what the facts are
Last edit: 11 years 2 months ago by .
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- summertrain
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11 years 2 months ago - 11 years 2 months ago #98510 by summertrain
Replied by summertrain on topic changes to the appeal system
Surely this is interfering with the judicial processes of the courts, and could be challenged in the court of appeal?
Last edit: 11 years 2 months ago by Gordon.
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- Sue
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11 years 2 months ago #98512 by Sue
Replied by Sue on topic changes to the appeal system
so it is planned that at some point, probably October for ESA and fit for work only decisions that there will be no ESA payment during an unknown period of reconsideration but concerns have been raised on this and the government may or may not amend this
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