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Claiming ESA assesment rate whilst appealing
- traybell
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10 years 2 months ago - 10 years 2 months ago #130985 by traybell
Claiming ESA assesment rate whilst appealing was created by traybell
Hi can you still claim esa whilst appealing if you've had to claim jsa during mandatory reconsideration.I thought i read somewhere that claiming esa whilst appealing is been stopped at the end of this month?
Last edit: 10 years 2 months ago by .
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10 years 2 months ago #130986 by
Hi tb,
The new legislation does not come into force until 30/03/15.
It will not affect claimants who are appealing a fit for work decision. Once their appeal has been accepted by The Tribunal Service, and they have received notice of this, they can revert back to Assessment Rate of ESA from JSA.
bro58
Replied by on topic Claiming ESA assesment rate whilst appealing
traybell wrote: Hi can you still claim esa whilst appealing if you've had to claim jsa during mandatory reconsideration.I thought i read somewhere that claiming esa whilst appealing is been stopped at the end of this month?
Hi tb,
The new legislation does not come into force until 30/03/15.
It will not affect claimants who are appealing a fit for work decision. Once their appeal has been accepted by The Tribunal Service, and they have received notice of this, they can revert back to Assessment Rate of ESA from JSA.
bro58
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- traybell
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10 years 2 months ago #131055 by traybell
Replied by traybell on topic Claiming ESA assesment rate whilst appealing
Hi
Could you explain the new legislation in plain english and what it will mean in the future if you appeal or try to reclaim, have tried reading actual legislation but found it hard to follow.
Thanks.
Could you explain the new legislation in plain english and what it will mean in the future if you appeal or try to reclaim, have tried reading actual legislation but found it hard to follow.
Thanks.
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- Gordon
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10 years 2 months ago #131082 by Gordon
The existing rule is that claimant found Fit for Work can make a new claim for ESA, using the same conditions, six months after the FfW Decision was made, the rule is actually more complicated than this but as it is being changed I will not go into it. From 30 March this will no longer be the case.
From this date you can only make a new claim for ESA due a new or deteriorated condition, as is the case now, this can be done immediately after a FfW Decision, there is no six month waiting period.
Fit for Work Decisions that are the result of a technical failure, i.e. failing to return the ESA50 or failing to attend an assessment, are not included in the change, but a claimant will still have to wait six months.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Claiming ESA assesment rate whilst appealing
traybell wrote: Hi
Could you explain the new legislation in plain english and what it will mean in the future if you appeal or try to reclaim, have tried reading actual legislation but found it hard to follow.
Thanks.
The existing rule is that claimant found Fit for Work can make a new claim for ESA, using the same conditions, six months after the FfW Decision was made, the rule is actually more complicated than this but as it is being changed I will not go into it. From 30 March this will no longer be the case.
From this date you can only make a new claim for ESA due a new or deteriorated condition, as is the case now, this can be done immediately after a FfW Decision, there is no six month waiting period.
Fit for Work Decisions that are the result of a technical failure, i.e. failing to return the ESA50 or failing to attend an assessment, are not included in the change, but a claimant will still have to wait six months.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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