Income support

Hi

From October when the changes to the appeal system come into effect and claimants who want to appeal have to go to mandatory consideration. Hence during that period will be without any income unless they apply for JSA, surely they can apply for IS as they would are not claiming ESA/JSA and is on low/no income. Or are they still covered by ESA, even if they are not in receipt of the benefit

thanks

Sue wrote: Hi

From October when the changes to the appeal system come into effect and claimants who want to appeal have to go to mandatory consideration. Hence during that period will be without any income unless they apply for JSA, surely they can apply for IS as they would are not claiming ESA/JSA and is on low/no income. Or are they still covered by ESA, even if they are not in receipt of the benefit

thanks

Hi S,

Mandatory reconsiderations will only affect IR ESA recipients after October 2013, if and when their IR ESA is engulfed under the umbrella of Universal Credit.

As things stand with UC, this may not happen for some time after that, if at all.

bro58

confused, when did this change - DWP still states

When will these changes be introduced?

DWP introduced all three changes for Personal Independence Payment and Universal Credit in April 2013. For all other DWP benefits and child maintenance cases, mandatory reconsideration, direct lodgement and time limits will be introduced towards the end of October 2013, and DWP will begin to report against the time limits from October 2014.

www.dwp.gov.uk/adviser/updates/appls-process-changesl/

Hi Gordon, I've been looking into this too, using the following resources:

www.dwp.gov.uk/docs/appeals-process-changes-q-and-a.pdf
disabilityrightsuk.org/appeals-and-reconsiderations

Then I went a bit deeper into the legislation, looking first at the Welfare Reform act 2012 and then at the the Social Security Act 1998 (because to understand the one you have to apply the changes therein to the other)

www.legislation.gov.uk/ukpga/1998/14/contents/enacted
www.legislation.gov.uk/ukpga/2012/5/contents/enacted/data.htm

And I'm wondering on what you are basing your understanding that mandatory reconsideration only applies under Universal Credit, as the relevent section of the WRA 2012 has the changes thus on the contents page

"Part 5 Social security: general"
/.../
"Appeals
102.Power to require consideration of revision before appeal"

And in that clause 102 a new clause is inserted (among other things) into the SSA1998 (section 12). The new clause 3A states
(3A) Regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal under subsection (2) in relation to a decision only if the Secretary of State has considered whether to revise the decision under section 9.

I'm not sure of the significance of the 'may' that is the second word in the new clause, perhaps that's qualified elsewhere, and I'd much rather believe your version, but the DWP and DRUK seem to say differently, as does my (perhaps flawed) understanding of the legislation.