WCA when approaching 365 days entitlement

This might be another episode of Jungian optimism on my part but I thought I’d seen a news item suggesting DWP were prioritising ESA claimants approaching 365 days and not having had their WCA.

I’ve searched my newsletters but can’t find it.

Did I dream it?

I thought I remembered that too but all I could find was this https://www.rightsnet.org.uk/welfare-rights/news/item/dwp-has-no-plans-to-extend-time-limit-for-payment-of-contributory-esa-where-claimants-have-reached-365-day-limit-but-not-had-work-capability-assessment

Here you go - https://www.rightsnet.org.uk/welfare-rights/news/item/dwp-minister-confirms-it-is-continuing-to-prioritise-work-capability-assessments-for-contributory-esa-claims-that-have-exhausted-or-are-at-risk-of-exhausting

Hi Dan

Also worth noting in these cases that the decision to terminate ESA after 365 days is in itself a determination that a person does satisfy the criteria for the support group, so can be subject to an MR then appeal on the grounds that the claimant thinks that they do satisfy those criteria. See CE/2390/2013 - Rightsnet summary here: https://www.rightsnet.org.uk/welfare-rights/caselaw/item/whether-there-is-right-of-appeal-against-termination-of-esa-award-afte

Cheers

Alex

AlexJ - 13 January 2022 12:52 PM

Also worth noting in these cases that the decision to terminate ESA after 365 days is in itself a determination that a person does satisfy the criteria for the support group,

I think you meant “the decision to terminate ESA after 365 days is in itself a determination that a person does NOT satisfy the criteria for the support group”

I do indeed Ian, thanks for the correction!

Cheers

Alex