Continue to pay ESA during the mandatory reconsideration stage of the appeal process. Iain Duncan Smith plans to further penalise people who choose to exercise their legal right to disagree with a decision about their Employment and Support Allowance by refusing to pay them ESA while the decision is being reconsidered. This will have a devastating effect on the sick and vulnerable in our society, leaving them destitute with no money. This could be rectified, so easily, by allowing people to be paid ESA during the whole of the appeal process, including the mandatory reconsideration stage. Please ask Iain Duncan Smith to introduce this simple measure. Why is this important? This is a scandalous attempt to limit access to justice for the most disadvantaged and vulnerable in our society. There is only a month to get this proposal changed!!! At the end of October mandatory reconsideration is due to be introduced, under the Welfare Reform Act 2012. What happens now is that if, following a medical assessment, a DWP decision maker decides that a claimant is no longer entitled to ESA their payment stops. But they can appeal right away and their ESA will be reinstated at the assessment rate pending the appeal. For a single person this is £71.70pw- the same as JSA - hardly a fortune!! Reconsideration of the decision is an on-going process. As soon as the appeal is registered the decision is reconsidered. This also happens when further evidence, such as a doctors supporting letter, is submitted. Never-the-less even with further supporting evidence the decision is seldom changed and has to go on to appeal. There are so many people appealing it can take up to a year for the appeal to be heard at a tribunal. When mandatory reconsideration is introduced in October any disagreement will first have to be reconsidered by the DWP before it can be registered as an appeal. As happens now, after the appeal has been registered, entitlement to ESA can be reinstated. The concern is that there will be no payment of ESA during the mandatory reconsideration stage of the appeal process. There is no time limit on how quickly the DWP have to complete this stage. This means that, for an indeterminate time period, very sick, vulnerable people will be left without any money. Their only option will be to apply for job seekers allowance (JSA). But to qualify for JSA they must be available for work. Many of them are, genuinely, too sick to be able to work. Consequently, they may be refused JSA because they do not meet the entitlement criteria. So how are they going to survive with no money??? Far from helping people to get better, and ready for work, this will compound their problems, with money worries and result in further, serious, deterioration of their health. It is of note that 40% of ESA appeals are successful, even higher if they seek advice (the success rate for our advice agency is over 80%). This policy will be harming the most ill and vulnerable in our society. All this could rectified, so easily, by allowing people to continue to be paid ESA during the whole of the appeal process, including the mandatory reconsideration stage. Please ask Iain Duncan Smith to show some compassion by introducing this simple measure.
Posted on: Sat, 19 Oct 2013 20:11:08 +0000
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