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TOPIC: ESA Mandatory Reconsideration Refusal

ESA Mandatory Reconsideration Refusal 2 months 2 weeks ago #225950

My daughters mandatory reconsideration for ESA enhanced payments has been refused. She was claiming for LCW but as she currently works for 24 hours per week although having minimal cerebral palsy and learning difficulties she has been refused. The main reason for claiming was in order to reinstate the deficiencies left after moving from DLA and the disability working tax credits to UC and PIP - she has lost the health benefits eg, free prescriptions, dental and optical and I wished for this to be reinstated in recognition of her limited capability for work. Is it worth continuing to tribunal?

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ESA Mandatory Reconsideration Refusal 2 months 2 weeks ago #225984

M

Forgive me if I am a little bit confused, you cannot receive ESA or the LCW element of Universal Credit if you are working for 16 or more hours a week.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

ESA Mandatory Reconsideration Refusal 2 months 1 week ago #226093

I was advised to claim the enhanced payments by Universal Credits themselves as I queried that my dayghter's disabilities were not being recognised and that she had been exempt from prescription charges etc prior to coming off dla and Working tax credits (disability). So we went through the harrowing process of Work assessment and then mandatory reconsideration - are you now saying that this was the wrong advice and no-one at DWP bothered to inform me? Can I then claim maladministration for this?

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ESA Mandatory Reconsideration Refusal 2 months 1 week ago #226104

M

I can't really comment on what you were advised but you have said that your daughter is working 24 hours a week and this prevents a claim for ESA or UC LCW.

What was the Decision that she received?

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

ESA Mandatory Reconsideration Refusal 2 months 1 week ago #226125

The decision stated that as she works for 24 hours per week then she has shown capability for work and does not qualify. However the nature of her work is as follows: 16 hours working for a disability programme who set up small businesses for people with disabilities mainly learning difficulties - she works in a small laundry washing towels (for hairdressers etc), her other job was secured by the Shaw Trust working 8 hours as a check-out operator in a retail store. Both these jobs are under strict supervision at all times and allowances made for her disabilities according to the employment law. She cannot work longer than 24 hours a week as her disabilities cause her excessive tiredness therefore she is limited to part-time work. Her montlyearnings are approximately £700 which is more than the UC level of £317 per month so she gets nothing from them. Obviously she is at a disadvantage within the job market. The health professional who conducted the assessment says she is capable of doing work to a limited degree. I Just do not know whether to continue to tribunal stage. She does not need the money just the reinstatement of free health benefits that she had under DLA and Working Tax Credits.

Any advice from you would be appreciated.

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ESA Mandatory Reconsideration Refusal 2 months 1 week ago #226136

Hi Margaret,

If your daughter is on a low income, apply for an HC2 certificate

Best of luck!

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Moderators: GordonIzzy1010