mandatory reconsideration

Since MR was introduced, which stopped the ESA assessments payments, I have advised my clients to claim JSA in the interim period.
However, our local Job Centre is now telling people to put in a new claim for ESA until their appeal is heard.
If they do this, and then win their appeal, what happens to their original claim? Does it continue after the appeal or have they effectively ended it by putting in a second ESA claim?

I believe that ESA can be reclaimed immediately. However, no payments would be made until 6 months has passed since the original decision - unless the claimant can prove that their condition has worsened, or a new one developed, in that time.

My worry is that my client will win his appeal (and he will!) but they will say that the claim was closed when he put in a second claim and so he will be re-assessed on this basis

I'm not sure about that - but the new decision would limit any award made by the tribunal. So, the tribunal put the client into the Support Group but the new decision finds Fit for Work again and the circus starts all over again.

Warn clients NOT to show a fitnote to JobCentre when claiming JSA, that is a sure way to get the claim refused.

Hi c,

Have a look at : this rightsnet thread, and the links to other threads and documents therein.

bro58