No - you are wrong. You get the amount determined by the original assessment. The DWP has never given more than their original assessment whilst appeals are working their way through the system.
No - incorrect again.
Mandatory Reconsideration covers a vast range of benefits, none of which cease being paid if a claimant appeals. If the DWP consider that you are not eligible for a particular benefit payment then they dont pay you it whilst you appeal - quite sensibly.
I think its clear who is misleading.
Before you further vilify a long standing member who has been through the system and certainly knows a lot more about the current assessments than you do ( I assume you still live in Mexico data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7) can I ask why you think you know more about the system than he does?.And why the myriad of reports of people having their current benefits cancelled for months while they are re-assessed for a new one are apparently made up?
You are playing pedantic and deceptive silly beggars here:
The DWP may never have given MORE than the original assessment while in appeal, but they do give the Base level of ESA (prior to which it was Incapacity Benefit).
In simple terms you are making it 'sound' like you are right and I am wrong merely by using misleading phrases and misdirection.
It is a matter of FACT that prior to October 2013:
If an ESA claim was disallowed,
a) a claimant could request a reassement during which they would not receive ESA with the outcome being either being approved and payment started or the option of the claimant requesting an appeal at which point they would receive the base level of ESA benefit until the appeal was heard and a decision made.​
OR
b) a claimant could immediately request an appeal at which point they would receive the base level of ESA until the appeal was heard and a decision made.​
After October 2013
If an ESA claim was disallowed,
a claimant must first request a reassessment and if that is unsuccessful, they can request a second reassessment. Should that second reassessment be unsuccessful, they can request a mandatory reconsideration.
If the mandatory reconsideration is unsuccessful, then they can request an Appeal at which point they can receive base level ESA benefits.​
Therefore - before October 2013, claims for ESA could request an immediate Appeal and get the base level ESA benefit after being unsuccessful in their initial claim.
After October 2013 claims for ESA could not request an immediate Appeal and instead had to request 2 seperate reassessments, then a mandatory reconsideration before being able to appeal and receive base level ESA benefits. The process meant that in many cases, people who were entitled to benefits did not receive any financial aid for many months before even being able to get to an Appeal and have the descision overturned in their favour.
Hence stories like this chap who ended up only receiving what he was entitled to in time to pay for his funeral.
Mandatory Reconsideration is a NEW thing that applied after October 2013.
The DWP have always done reassessments but they not the same thing.
It is both irrelevant and intentionally disengenuous to include what happens or not with other benefits - we are talking about ESA and PIP which are the ones relevant to the topic of discussion and issues caused by them.
ESA and PIP are exceptions to many other standard Benefit rules and processes - they relate to the sick and disabled and accordingly have 'some' differences.
yes, yes it is.
I'm not being deceptive at all - simply stating what the rules are. And on no appeal does the DWP suspend benefits as you claimed.
If a claim for benefits was disallowed the DWP (and previously the DHSS) have never handed out that benefit if the claimant lodges an appeal.Just think about it - if the DWP did as you have claimed then anyone could submit a claim for a welfare benefit and when it was denied could lodge an appeal and then receive that money until the appeal was denied.
​Why? - the same appeal system is used for most benefits.
I believe ESA is restarted whilst waiting for an appeal to go through. It is stopped during the reconsideration at which point I think the claimant is expected to claim jsa.
Prior to 2013 this step didn't exist
This is my understanding at least
Cheers
Everyone should agree that the claim process is a disgrace and not fit for purpose. The appeal situation is also a farce.
And I'd like to highlight this from a previous article -
"Despite his awful condition and history of serious health problems, Stephen was forced to get a pass out from hospital to go and fight a decision by the Department of Work and Pensions (DWP) which repeatedly denied him crucial benefits and insisted he was fit and capable of finding work"
He won that appeal after a tribunal judge saw what should have been glaringly obvious to the DWP - that Mr Smith can barely walk down the street let alone hold down a job.
"Should have been glaringly obvious to the DWP"
So why wasn't it?
Because they don't want to know.
I think you are confusing it with WRAG. If you apply for ESA and fail to meet the criteria you may be placed in WRAG, where you can then appeal for ESA. In the meantime you are eligible for ESA.
However if your claim is rejected at the initial assessment then you can appeal (just as you can for any welfare benefit) but the DWP will not (and has never) paid benefits simply because they appeal.
Think about it, I could claim ESA (for which I am patently not eligible) and when the claim is (correctly) rejected, if I appeal that decision the DWP is not going to pay me money in the meantime.
My benefits have stopped, what can I do? - Citizens Advice Hammersmith and Fulham
I totally agree - the problem comes when you try to find a system to replace it.