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Tribunal Recommendations
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11 years 11 months ago - 11 years 11 months ago #105871 by citymike
Tribunal Recommendations was created by citymike
I am sorry I cannot find my original story.
I previously reported that I was writing to my MP regarding the decision by the DWP to ignore the recommendation by the Tribunal in March not to retest me for 2 years.
My MP wrote to the Minister concerned who in turn asked the head of the Benefits Centre to write to me.
I have now received a reply which in short says under the regulations if the recommendation of the Tribunal was accepted(as it was in my case) then the retest period is taken from the date of the original decision and not from the date of the tribunal hearing.
Hope this makes sense .
I previously reported that I was writing to my MP regarding the decision by the DWP to ignore the recommendation by the Tribunal in March not to retest me for 2 years.
My MP wrote to the Minister concerned who in turn asked the head of the Benefits Centre to write to me.
I have now received a reply which in short says under the regulations if the recommendation of the Tribunal was accepted(as it was in my case) then the retest period is taken from the date of the original decision and not from the date of the tribunal hearing.
Hope this makes sense .
Last edit: 11 years 11 months ago by slugsta.
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 11 months ago #105872 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Tribunal Recommendations
Thanks for letting us know this CM.
I suspect that this is not what the tribunal intend - but as they can only 'recommend' anyway DWP can interpret things any way they like!
I suspect that this is not what the tribunal intend - but as they can only 'recommend' anyway DWP can interpret things any way they like!
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11 years 11 months ago #105884 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal Recommendations
citymike
I agree with Mrs H that this may not be what the Tribunal intends, but it does make sense in terms of the way that ESA is managed.
At this time the longest periods that the DWP allocate between assessments is two years for the WRAG and three for the Support Group.
A tribunal re-makes the original Decision so it makes no sense if after a year waiting for a hearing a claimant is placed in the WRAG for two further years or the Support Group for three years additional years, as the net result is that they would have three and four years between assessments.
I know we do not normally use the word "fair" in connection to ESA, but it would be unfair to claimants who have not gone through this process if those that appeal are treated better.
Gordon
I agree with Mrs H that this may not be what the Tribunal intends, but it does make sense in terms of the way that ESA is managed.
At this time the longest periods that the DWP allocate between assessments is two years for the WRAG and three for the Support Group.
A tribunal re-makes the original Decision so it makes no sense if after a year waiting for a hearing a claimant is placed in the WRAG for two further years or the Support Group for three years additional years, as the net result is that they would have three and four years between assessments.
I know we do not normally use the word "fair" in connection to ESA, but it would be unfair to claimants who have not gone through this process if those that appeal are treated better.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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