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7 years 6 months ago #170352 by elainep
Replied by elainep on topic Taken Off ESA 0 Points
Can I just have clarification on the following please.
If my son puts in a MR will his ESA be reinstated whilst that is being reconsidered?
Or if his MR is not reversed and he appeals to a tribunal will his ESA be reinstated whilst he is waiting for his appeal to be heard.

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7 years 6 months ago #170408 by Gordon
Replied by Gordon on topic Taken Off ESA 0 Points

elie wrote: Can I just have clarification on the following please.
If my son puts in a MR will his ESA be reinstated whilst that is being reconsidered?
Or if his MR is not reversed and he appeals to a tribunal will his ESA be reinstated whilst he is waiting for his appeal to be heard.


He is not entitled to any ESA during the MR.

If he appeals then once this has been accepted by the Tribunal Service and the DWP have received notification then he can receive the ESA Assessment rate while he waits for a hearing.

I would request the MR now. There are template letters in the ESA section he can use.

Gordon

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

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7 years 6 months ago - 7 years 6 months ago #170409 by slugsta
Replied by slugsta on topic Taken Off ESA 0 Points
ESA will not be paid while the MR is undertaken. Payment will recommence once the Tribunal Service notify DWP that they have accepted your son's appeal.

To re-iterate, the time for MR request runs from the date on the decision letter. Only basic information is needed to lodge the request. In fact, there is a maximum of 13 months allowed for the request but DWP only have to accept it outside of 1 month unless you show 'good cause'.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 6 months ago by slugsta.

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