nevip
welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since 22nd Jan 2004
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RE: esa submission. date to request benefit from
Mon 09-Nov-09 03:44 PM |
I’m not sure that I follow your posting so apologies in advance. Regulation 7(38) of the Decisions and Appeal Regs states:
Date from which decision takes effect:
(38) A decision made in accordance with regulation 6(2)(r) that embodies a determination that the claimant has limited capability for work which is the first such determination shall take effect from the beginning of the 14th week of entitlement.
Regulation 6(2)(r) states:
(r) is an employment and support allowance decision where, since the decision was made, the Secretary of State has received medical evidence from a health care professional approved by the Secretary of State for the purposes of regulation 23 or 38 of the Employment and Support Allowance Regulations.
So regulation 6 of the ESA Regs gives the power to the Department to keep the claimant on the assessment phase rate until the date of the tribunal but the D&A Regs allow for the increase to be paid from the 14th week of claim if the appellant wins his appeal.
Is that of any use?
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