Mandatory Reconsideration phase ruled unlawful for ESA after Judicial Review! DWP not appealing!

[speedfreek]

Happy days!

 

See here for details https://www.rightsnet.org.uk/forums/viewthread/16374

 

Quote

My reading of it is that a claimant who, once they appeal would get ESA pending appeal, can go straight to appeal and does not need MR as reg 3ZA is unlawful (and hence of no effect) when applied to them. The s.12(3A) powers to prescribe situation in which appeal right does not exist until revision considered has not been exercised in respect of that decision (as the attempt to do so was unlawful) and there is an immediate right of appeal.

 

The new ADM (decision makers guidance) for ESA is on a later post there but confusing - well DWP are going to DWP speak 

 

So lodge those SSCC1's with HMCTS and get your fit notes ordered from your GPs from day 1 of being informed of that negative decision.

 

We're getting paid assessment rate again as soon as HMCTS notify the DWP you've lodged.

 

I'm off to run naked in the street! 

 

 

[honeybee13]

Oo-err, speedy. Don't get too cold running with no kit on and don't scare small children.

 

Thank you for the information.

 

HB

[unclebulgaria67]

so if found fit to work, ESA will be closed. You would issue appeal, but if you need benefit help while you await appeal, you would claim Universal Credit ?

 

 

[speedfreek]

On 21/09/2020 at 06:10, unclebulgaria67 said:

so if found fit to work, ESA will be closed. You would issue appeal, but if you need benefit help while you await appeal, you would claim Universal Credit ?

 

 

 

 

From what I can tell this applies to LCW/LCWRA decisions only;

 

If you need money and can't hold out until HMCTS inform the DWP then I think UC is the only option. 

 

Failure to attend and non return of forms etc then you have to claim UC if you need an income as until that decision is decided you can't get ESA. What happens if you win that one?

 

NSESA+UC top up - new one on me - you appeal both ESA + UC and the ESA element can be put back into payment.

 

Confused?

 

Best to follow that thread and read the adm posted and any others that might come next! 

[unclebulgaria67]

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/917363/adm21-20.pdf 

 

My reading is that they can keep an ESA  claim providing they register appeal with Courts Tribunal within one month of receiving a decision letter from ESA.  And if they requested a written statement of reason within one month, they are given a further 14 days.

 

 

[speedfreek]

 

I'm not sure what you are getting at here?

 

Right the ruling means that effectively the Mandatory Reconsideration legislation was un lawful so was never laid in regards to ESA!  So anytime the MR phase was forced on a claimant it was unlawful because it's never existed! Got it?

 

So what does that mean today? 

 

All ESA claimants who now get a negative LCW or LCWRA  can lodge their appeals direct with HMCTS and as soon as HMCTS accept and inform the DWP of that acceptance..... ESA is put back into payment at assessment rate backdated to that decision..........

 

That site we're not allowed to post here has a very good summary on this sort of.......

 

Oh yeah  the 1 month appeal myth? PIP is now officially 13 months - DWP lost another JR on that one quelle surprise?

 

Once I sober up need to lodge my 2nd mandy for PIP to get mobility again!

 

 

 

 

 

 

[unclebulgaria67]

The point I was making is that it appears that a claimant could retain ESA on assessment rate pending Court Tribunal decision.