1. Job Seekers Allowance (JSA) has not been claimed during Mandatory Reconsideration (MR) period:-
You receive a letter from Department for Works and Pensions (DWP) to inform you that the MR has not been found in your favour, this letter will give details of how to proceed to formal appeal, ie submitting the appeal form to HM Courts and Tribunal Services (HMCTS) When this appeal form is received by DWP from HMCTS, your ESA will automatically be reinstated; you do not have to do anything else. When the form is received by the Dispute Resolution Teams, they will inform the appropriate Benefit Centre immediately that ESA should be reinstated. The BC will probably contact you to ask for evidence/Fit Notes etc.
-2. JSA has been claimed during Mandatory Reconsideration period:-
You receive a letter from DWP to inform that the MR has not been found in your favour, this letter will give details of how to proceed to formal appeal, ie submitting the appeal form to HMCTS. For those who have claimed JSA, they must make it clear on the appeal form that they wish to have ESA reinstated. This information should be put in Section 5 of the form, ‘About Your Appeal’. When HMCTS have notified DWP that you wish to progress to formal appeal, ie the form is received, ESA will be reinstated. DWP will contact the appropriate Benefit Centre immediately. You will be contacted for Fit Notes/medical evidence to support the claim & it’s important that throughout their JSA claim, you adhere to the conditionality of that benefit, even after DWP has been informed that they would like ESA to be reinstated & until ESA has been reinstated.
This infomation is doing the rounds of Disabled Peoples’ Organisations. It has come direct from the DWP. DPAC are just passing the information on, and cannot be held responsible for any errors – but if your route doesn’t progress as laid out here please let us know….