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Thread: Not assessed within 13 weeks

  1. #1
    New Member
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    Not assessed within 13 weeks

    I am just putting together my ESA appeal, after getting a copy of the full medical report from my interview, and in addition to medical points there is another important matter. -
    They did not assess me within 13 weeks. (There was no reason for that, as they had my questionnaire for over 2 months, and it was only when I contacted them to ask why I had heard nothing that they asked me to a medical.) As far as all the information from the DWP and Citizen's Advice states, the assessment TAKES PLACE in the first 13 weeks, then the main phase of ESA is from week 14. It does not state that there is any variation or discretion to this time period. I maintain that they are obliged to assess me within this time, and cannot legally comment on my health within the first 13 weeks if they did not assess me till afterwards.
    In addition, I maintain that they should have paid me the increased benefit from week 14, whether or not they had got around to dealing with my case.
    I know they will try to get out of it, but I think they must have to abide by some rules, and I wonder if anybody has tried this one out?
    Naturally as I am trying to exist on basic benefit I cannot afford a solicitor!

  2. #2
    New Member
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    Aug 2012
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    Davewhit - can you direct me please to 'the regulations' you are talking about?
    I cannot agree that they can do what they like - It is stated as a 13 week period. Are you saying then that all other facts given in the literature and website cannot be taken as correct? Other businesses have to make sure any public information is factual and properly described. Why not the DWP?

  3. #3
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    ESA REGS 2008PART 2 The end of the assessment phase
    This section has no associated Explanatory Memorandum
    4.—(1) Subject to paragraph (2) and regulations 5 and 6, the assessment phase in relation to a claimant ends on the last day of a period of 13 weeks beginning on the first day of the assessment phase as determined under section 24(2)(a) of the Act.

    (2) If at the end of the period of 13 weeks referred to in paragraph (1), it has not yet been determined whether the claimant has limited capability for work—

    (a)the claimant having been assessed in accordance with a limited capability for work assessment; or .
    (b)as a result of the claimant being treated as having limited capability for work in accordance with regulation 20, 25, 26, 29 or regulation 33(2) (persons to be treated as having limited capability for work), .
    the assessment phase will end when the limited capability for work determination is made.

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