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ESA and service charges and late application for payment
Client currently receives income-based ESA which doesn’t include any amount for service charges they are liable for - these take the form of regular annual payments but also now there’s large bill incoming for some major works and they can’t afford these.
We advised on possibilities and our adviser helped client approach DWP to request inclusion of service charges. DWP have responded by saying that when ESA was awarded originally back in 2015, they refused to include service charges because client’s property had changed from being rented to be owner-occupied (it’s now leasehold). DWP saying that as nothing else has changed, they’re not prepared to look at 2015 decision again.
I’m thinking of telling adviser to (1) lodge any time revision on official error grounds and (2) to also request that if the revision request is refused, to seek a supersession of the 2015 decision which will in turn open up routes for MR/appeal.
The official error ground would be that whilst DWP are correct that in 2015, housing costs related to mortgages taken out whilst in receipt of MTB’s generally weren’t eligible for assistance, there doesn’t appear to be anything similar in respect of service charges. There was no reason for them not to properly consider paying the service charges on the original 2015 decision therefore.
Obviously, this would be best outcome if they do go back and revise but as there is no way to appeal a refusal to entertain the any time revision request, that’s why I’m thinking to at least have the fall back position regards the supersession request which at least might get service charges into payment from now.
Does that makes sense as a strategy or any other thoughts on anything I might have missed here? Thanks for any assistance.