ESA Reg 29/35 Arguments and New Appeals System Factsheets.

[speedfreek]

CPAG Fact sheet on how to apply the legal tests for Reg 29 & 35 in an ESA appeal

 

http://www.cpag.org.uk/content/making-exception

 

Martin Williams takes a look at preparing appeals in cases involving the work capability assessment where the argument concerns the risk of substantial harm to the claimant or another person in the event they are not found to have limited capability for work (or work-related activity).

 

Appeals and reconsiderations Disability Rights UK Factsheet F36

 

http://www.disabilityrightsuk.org/appeals-and-reconsiderations

 

This factsheet is about how the Department for Work and Pensions (DWP) can change a decision and how you can seek to change a DWP decision by asking for a ‘revision’ or a ‘supersession’ (together known as a ‘reconsideration’) and how to appeal against a DWP decision.

 

HM Courts & Tribunals Service Guides to Appealing a DWP decision.

 

Form SSCS1A - How to appeal against a decision made by the Department for Work and Pensions.

 

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/sscs1a-eng.pdf

 

Form SSCS1 - Notice of appeal against a decision of the Department for Work and Pensions.

 

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/sscs1-eng.pdf

Edited May 2, 2013 by speedfreek

[honeybee13]

Thank you for posting this, speedy.

 

HB

[speedfreek]

Anything for you HB

 

May as well join up this to this post on UC too

 

Advice for Decision Making on all benefits introduced April 2013

 

http://www.dwp.gov.uk/publications/specialist-guides/advice-for-decision-making/

 

Basically everything you need to study up on!

 

Advice for Decision Making (ADM) provides guidance on the following benefits introduced in April 2013:

 

Universal Credit (UC)

 

Personal Independence Payment (PIP)

 

New-style contribution-based Jobseeker’s Allowance (JSA) in accordance with the Welfare Reform Act 2012

 

New-style contribution-based Employment and Support Allowance (ESA) in accordance with the Welfare Reform Act 2012.

 

We are providing this guidance in ADM to distinguish it from existing guidance on other benefits in the Decision Makers Guide (DMG)

[Nystagmite]

Can we sticky this please? Some useful information here. Thanks for posting!

[speedfreek]

Might add this in as well

 

http://www.dwp.gov.uk/docs/dmgch42.pdf

 

Chapter 42 - Limited Capability for Work and Limited Capability for Work-Related Activity

 

Bit of a monster read but......

 

Has loads of examples on just about everything ESA. Almost if not all ESA scenarios from Mail not turning up - to how to be classed as not participating in a WCA. It's got the lot tbf.

[speedfreek]

Just to cap it off DWP guide to overpayment recovery

 

[ATTACH=CONFIG]43571[/ATTACH]

 

I'm calling it a night! Bourbon and spearmint sugar mix is freezing in my penguin shaped ice cube tray!

 

Mint Juleps

[honeybee13]

Can we sticky this please? Some useful information here. Thanks for posting!

 

We're looking at it, speedy and Nystagmite. It just needs to be in the right stikky/ies. Some of what speedy posted could be best used in the appeals stikky for instance, maybe we can let you know?

 

HB

 

HB

[debtangel]

Anything for you HB

 

May as well join up this to this post on UC too

 

Advice for Decision Making on all benefits introduced April 2013

 

http://www.dwp.gov.uk/publications/specialist-guides/advice-for-decision-making/

 

Basically everything you need to study up on!

 

Hi thanks for this post, very useful. Was wondering if anyone could help with my circumstances.

 

I am in the ESA Support group since December 2008, because I am disabled, my pension advisor told me I could apply to draw on my private pension. I got a lump some of roughly £4000 and I also receive £10 per week (paid monthly). The DWP deduct the full amount of my £10 from my benefits.

 

Now upon reading this link, in the ESA section there is a pdf regarding pension payments. From my understanding in this link, you are allowed to keep the first £85 per week of your private pension, which means DWP are taking this money in error.

 

Here is the pdf http://www.dwp.gov.uk/docs/admv1.pdf

 

If you scroll down to points V1126 and the example in V1142. Any assistance would be appreciated.

[Nystagmite]

Is your ESA income or contributions based? As I understand it, the £85 thing only applies to people on contributions based ESA.

[debtangel]

Income based, oh well worth asking I guess. Thanks very much.

[**Margaret**]

:Advice for Decision Making:

 

The employment n support and jobseekers sections of the Advice for Decision Making only apply to awards that are wholly based on national insurance contributions. For all income related, or partially income related, awards (pre and post April 13) occupational/personal pensions count as income to be deducted £ for £ from the award.

 

Margaret.

[debtangel]

Thanks starry, much appreciated. Added to both you and the other poster's rep.

[googlybear]

Thanks for this...

i have an appeal today and i've a feeling i might just need this