IMPORTANT INFORMATION - MANDATORY RECONSIDERATIONS

To all Members

I am afraid that I have to report that the legislation enabling Mandatory Reconsiderations for ESA and other benefits has been passed into law and will come into effect from 28 October 2013.

We expect anybody receiving a benefit Decision on after the 28th to be affected by the new procedures.

When the changes come into effect, claimants will need to request a Mandatory Reconsideration first if the want to challenge a Decision on their claim, only when this has completed and the claimant has received a Mandatory Reconsideration Notice will they be able to lodge an appeal, using this notice, with HM Courts and Tribunal Service.

With specific reference to ESA

If you are challenging a Fit for Work Decision, then you will not now receive payment while the Mandatory Consideration process is carried out.

If you are challenging a WRAG placement, then you will continue to receive the WRAG rate while the Mandatory Consideration process is carried out.

We will be updating our ESA Appeal guide with the changes and more information about the process in time for when the change is implemented.

Gordon

WeDesign wrote: Thanks for the information.

What is the current WRAG rate?


WD

Benefit Rates 2013

Gordon

As above

gazzmg wrote: Hello

For a reconsideration when found fit for work esa do you then have to claim jsa while the reconsideration is going through.

Can you go back on esa after the reconsideration has been completed say for example it takes two months for a reconsideration, then after that 2 months can you get back on esa

this is a bit confusing will it stop the merry go round

In principle claimants who are found Fit for Work can claim JSA, however, there are issues associated with this that may affect some, possibly a large number of claimants in this situation.

In order to claim JSA you will need to sign a Claimant Commitment, this can be adjusted to take account of any limitations that a claimant might have due to their conditions, however, there is a minimum requirement, and if a claimants restrictions take then below this, there claim for JSA will be rejected.

There are also issues that are currently unresolved in terms of Fit Notes, at the moment claimants are required to provide Fit Notes while they wait for their appeal in order to be paid. If you have an active Fit Note then it is unlikely that a claim for JSA will be accepted, however, if you do not have one then there could be issues when an appeal is actually lodged, at the moment we have no idea how this is intended to work.

Gordon