payment on appeal (reconsideration)

Hiho,

I was attending a training course today as these regs were published and I’m having a hard time finding an answer I put to the trainer (which he wasn’t sure of).

If a claimant of UC who has been found fit for work and wishes to appeal, they must first request a reconsideration of the DWP and then lodge an appeal with the tribunal service afterwards.

Do we know how the claimant will be paid during this process? Will the DWP just reinstate payments once a phone call has taken place to request the reconsideration? Will payments during this reconsideration period then end and then have to be reinstated a second time once the tribunal appeal has been lodged?

Considering this claim may also have housing costs and elements for children paid in with it as well, that’s a lot of stopping and starting for someone to go through…

Any thoughts?

-david

Bear in mind that when you appeal then Jobcentre plus must reconsider the original decision anyway before deciding wether it goes to tribunal.
As an appeal is automatically allowed then payments continue.

They are changing the ability to automatically appeal and a recon must be requested first. I know that currently if only a reconsideration is requested then no payments are made, as its not an appeal (yet)

My gut feeling is that the DWP are trying to stop the merry go round ‘revolving door’ situation where people fail WCA, appeal, lose and simply reclaim ESA, fail medical, appeal lose etc etc etc.
I dont think payments will continue once the automatic right to appeal is removed, they will just insist claimants make a claim for JSA while appealing.

http://www.dwp.gov.uk/docs/mandatory-consideration-consultation-response.pdf

I think this is the latest document that has been published