There are new appeal rules for DWP decisions from 28/10/2013. Clients can no longer go straight to appeal but will have to ask for a revision from the DWP initially and then will be required to appeal directly to Her Majesty’s Courts and Tribunals Service (HMCTS) . Time limits for both requests are 1 month which can be extended for up to 13 months for special reasons. There will be time limits for the DWP to give appeal responses.
The rule changes apply to all DWP benefit decisions including Employment and Support Allowance (ESA) from 28/10/2013. Clients challenging ESA decisions would have to claim Job Seekers Allowance, in most cases, before the revision is heard, and then ESA at the assessment phase rate, as normal, whilst appealing.
The rules already apply to new claims of Personal Independence Payments and Universal Credit.
The DWP say ESA claimants - ’will receive a call at the initial decision-making stage when the decision maker is considering disallowing ESA on the basis that they are capable of working.’ And for PIP claimants - ‘if a case manager decides to disallow or reduce their benefit, they will receive a call one week after the decision date.’
There are fears that as independent advice services have reduced provision due to funding cuts, clients will be put off appealing. Currently around 2/3 of all appeals relate to ESA.
Click here for our WCA under Universal Credit/ESA– Welfare Reform course running soon.