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ESA Mandatory Recon Process & Hardship Payment

  • Sefton HWR Team
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11 years 3 months ago - 11 years 3 months ago #117651 by Sefton HWR Team
ESA Mandatory Recon Process & Hardship Payment was created by Sefton HWR Team
Hi,

Can anyone tell me if you can apply for a hardship payment during the ESA mandatory reconsideration process?

My client is not able to claim JSA and Emergency Local Assistance is no longer an option.

Thanks
Last edit: 11 years 3 months ago by . Reason: Tick.

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11 years 3 months ago #117664 by Gordon
Hi guys

I have struggled to find any definitive advice on this area, the only entry in the Decision Makers Guide is 46045 with a definition of hardship in 53099 and the following paragraphs.

A more general search seems to suggest that they are only available where the claimants benefit has been sanctioned, in these circumstances they would be available during any Mandatory Reconsideration.

For someone challenging a Fit for Work Decision then I think the underlying problem is that there is no entitlement to ESA payment in the first place, so a Hardship Payment cannot be made.

Obviously, when challenging a WRAG placement, the WRAG rate is still payable.

I hope this helps.

Gordon

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