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TOPIC: esa money reduced

esa money reduced 1 month 2 weeks ago #246926

here is a copy of the email i sent to my mp.....

Dear Bridget

I have a problem and hope you can help.
I have been on various disability benefits for decades and due to changes to DLA i was awarded PIP (I was awarded enhanced rates by tribunal) in November 2017.
The tribunal set an end date that was 26th march 2020.

I was informed by DWP in December 2019 that I needed to make an advanced claim for PIP this was because a tribunal had made the award and set an end date.
They said Because a tribunal sets an end date I need to make afresh claim rather than be reviewed.

I completed the how my disability affects me forms and DWP got them on 19th Feb 2020. I was told my claim was sent to medical assessors on 25th march 2020
and I should wait for a phone call.

On the 24th of march 2020 the DWP announced that they would be extending awards that were due to end, where an assessment or Decision had not been made before the End Date was reached.
The government has announced that there will be no reviews or reassessments of benefits for three months . Awards of PIP which are due to end will be extended for 3 months at the current rates.

My award was due to end but ended on the 26th two days after the announcement therefore I am entitled to the 3 month extension,
I got a letter from DWP ESA department informing me my weekly ESA payment is reduced by around £60 per week this is because my PIP award has ended.

I contacted DWP PIP department and asked why I did not get the 3 month extension.
They waffled on about end dates etc and because a tribunal had set an end date it was HM courts I should talk to.

My representative said when a tribunal sets an end date, it is a recommendation and DWP should look at the severity of a claimants conditions and possibly review the claimant.


I am clearly entitled to the 3 month extension. Could you help me by asking DWP PIP to make the award?

Is an award with an end date made at tribunal only a recommendation? could DWP review my claim rather than make me make a new claim?

If you need my national insurance number it is NA858484C and please let me know if you need any other information?


kind regards
ron

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esa money reduced 1 month 2 weeks ago #246928

  • Gordon
  • Away
  • Posts: 47616
Ron

As I said before, the End Date set by a Tribunal is not a recommendation and is binding on the DWP, your situation has nothing to do with the Tribunal setting the date.

Nor is it anything to do with the Decision having been made by a Tribunal, the DWP may have chosen to "renew" your award rather than "reassessing" it but this was an operational decision and has no basis in law.

Gordon
The following user(s) said Thank You: ron

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