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esa 18weeks still no decision

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12 years 3 months ago #78805 by Gordon
Replied by Gordon on topic Re:esa 18weeks still no decision
Brian

Many of the charities have commented on the impact, the WCA process, and the often associated appeal delays, were having on claimants, however, I'm afraid it appears to be falling on deaf ears.

Gordon

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12 years 3 months ago #78814 by mikmikmik
Replied by mikmikmik on topic Re:esa 18weeks still no decision
Gordon wrote:

pollenpath wrote:

Is it not now the case (since the overturn in the Lords this evening) that people who are currently worried about the 365 days rule can relax for a further 365 days?! Or have I misinterpreted the ruling? I took it to mean the time limit will be extended by a year to two years. Hope that's right :cheer:

I'm afraid it is something of a pyrrhic victory :(

Yes, the Lords have voted an amendment through, but all this means is that the act has to be returned to the Commons for MPs to vote on it, as all of these amendments were were put forward in the original Commons debate, and thrown out, it is very unlikely, especially given the rhetoric of Lord Freud this evening, that they won't be a second time, resulting in the original 365 day limit being passed back to the Lords again.

Eventually, the Commons can force legislation through the Lords as they want it worded, and there is still time for this to be done before April.

Gordon


Gordon,
I'm looking at this with the glass half full not empty. The parliament act to force things through is very rarely used, 4 times in living memory i believe.
Although Lord freud is playing the tough guy here, this is quite a complicated situation, and if the protests keep up, anything could happen. The guardian and its website have some wonderful articles on this, and I'm certainly hopeing that some good will come out of this even if by compromise. Say a review and delay on the "fair" timescale for time limiting. Some of the figures branded about for the cost are being trashed, firstly because they are for 5 years not one (which is very misleading) and secondly they assume noone goes back to work before the deadline or dies or gets better.
Having followed the debates I noted just how shifty and misleading some politicians and lords are, and on the other hand just how articulate, clever and caring, others are. Its been quite an eye opener.
I hope everyone will write a least one thank you letter or further case study to the crossbench lords. It can still have a great outcome.

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12 years 3 months ago #78815 by Gordon
Replied by Gordon on topic Re:esa 18weeks still no decision
Mik

It's my sincere hope that the amendments remain in the legislation, but having watched the debate in full, the one thing that stood out to me was the huge gulf between the Goverments position and the views being expressed by Lords and Ladies who had tabled the amendments.

As was noted several times the one year limit is a completely arbitary length of time with no relation to whether a claimant would have recovered. In fact I believe the statistics show that 95% of ESA(CB) claimants in the WRAG will not have recovered within the year. Without doubt, the driving force for these changes is a reduction in the benefits bill, irrelevant of its impact to claimants.

Unfortunately, none of Chris Graylings comments from this morning have changed my mind that this will be a short lived "revolution", however, I live in hope.

Gordon

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12 years 3 months ago #78822 by hassled mum
Replied by hassled mum on topic Re:esa 18weeks still no decision
Hi Gorden so to clarify, I am at the moment in wrag on c based ESA which in November 2011 was one year of award I was then sent a new ESA50 to fill in and was submitted before deadline in Dec 2011, my 365 days are up but if when they look at my renewal and decide that I should be in the support group I will receive no money anyway (if the bill passes)I thought that the 365 rule was for esa c based wrag and not support group but I think I have misunderstood, i thought that if i was moved into the support group i would continue to receive esa.I understand about the 365 rule which at the moment i am 6 weeks over, but if i am put into support group before april will I still get esa or has the form filling been a waste of time if it was going to stop anyway. yours a very confused hassled mum.

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  • Survivor
12 years 3 months ago #78824 by Survivor
Replied by Survivor on topic Re:esa 18weeks still no decision
The time period bit of the bill has been amended - the House of Lords said two years and the government now has to decide what to do next - but moving to the support group won't enable you to get ESA(CB) once you've reached the time limit in the WRAG.

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12 years 3 months ago #78830 by Gordon
Replied by Gordon on topic Re:esa 18weeks still no decision
Hassled Mum

I can appreciate the consternation that this may be causing.

At the moment, we can only go on the words and phrases used in the legislation. It is possible that the DWP will operate the legislation in a different manner, however, given the simplicity of the wording used, it is difficult to see how they can legally do anything other than what is defined.

Clause 51, which enables the time limiting, defines the 365 day limit for members of the WRAG receiving ESA(CB). It does not define any exceptions to this rule! Specifically, it does not say that if a claimant is in the Support Group, then they are exempt from the rule being applied.

As it stands, we can only wait and see what happens. As Survivor wrote, the Lords have passed an amendment to the legislation that extends the limit to 730 days, whether this will survive and whether the legislation can still be enacted by April is not clear. All we can do is hold our breathe.

Gordon

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