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01-Jan-2018 04:31

One of the government’s justifications for introducing MR was that it would enable decisions to be reconsidered in the light of further evidence, avoiding the need for so many appeals.To this end, claimants are encouraged to provide further information or evidence when applying for a MR, including when they are contacted by telephone.The law only appears to provide for the payment of ESA pending an appeal (but not pending a MR) of a decision that a claimant does not have limited capability for work.1 The government has recently confirmed, however, that once a claimant has appealed, ESA can be backdated to cover the full period of the MR.2 It is, therefore, in a claimant’s interest that the MR is carried out as quickly as possible to enable ESA to be reinstated and any arrears paid, either as a result of a favourable MR, or the lodging of an appeal following an unfavourable MR.The government has indicated that in straightforward cases, where no further information is needed, the MR of an ESA disallowance could be completed in about 14 days.3 In such a scenario, claimants could potentially have their ESA restored with little or no gap in payment (precluding the need to claim jobseeker’s allowance (JSA) – see below).It is also important to ensure that the DWP has medical certificates (‘fit notes’) which are current and cover the period of the MR, as this is a condition of entitlement for payment of ESA during a dispute.If there are delays in getting ESA restored and the claimant is in financial hardship, s/he could request a short-term benefit advance.

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David Simmons examines the issues and options which arise in relation to the payment of benefit during a dispute about whether a claimant has limited capability for work.

It may, however, be in a claimant’s interest to obtain and submit further evidence to increase the prospect of a favourable MR and avoid the need to pursue an appeal.



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