ESA Claimants: A New Trick From The DWP
Spotted on Facebook. Please share widely.
ESA claimants mind a new trick out of the DWP’s hat!
If you have worsened after failing an ESA test and claim ESA again, they can now make a new ‘assessment’ just a couple of days after your phone claim, without waiting for your new evidence.
They say they can ‘assess’ you on the basis of the previous evidence. They say that this counts as a new full Work Capability Assessment. Unfortunately, a judge has recently decided that they can do it, oh dear.
This means that you cannot claim ESA again because it is unlikely you worsen again in a few day. You will also have problem with claiming JSA. Since you were not paid a penny of ESA after your second claim the Jobcentre telephonists will tell you that you are not allowed to claim JSA and will direct you to Universal Credit.
Let’s admit, this is diabolical.
Same Difference 
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Bollocks.
>”without waiting for your new evidence.”
>”They say they can ‘assess’ you on the basis of the previous evidence”
Fraud Act 2006 –
http://www.legislation.gov.uk/ukpga/2006/35/contents
Fraud by abuse of position –
http://www.legislation.gov.uk/ukpga/2006/35/section/4
“(1)A person is in breach of this section if he—
(a)occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,
(b)dishonestly abuses that position, and
(c)intends, by means of the abuse of that position—
(i)to make a gain for himself or another, or
(ii)to cause loss to another or to expose another to a risk of loss.
****(2)A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.****”
Misconduct in Public Office –
“‘malicious’ exercises of official authority;”
“frauds and deceits.”
http://www.cps.gov.uk/legal/l_to_o/misconduct_in_public_office/
.
Total Bollocks
>”Unfortunately, a judge has recently decided that they can do it, oh dear.”
Perverting The Course of Justice –
http://www.cps.gov.uk/legal/p_to_r/public_justice_offences_incorporating_the_charging_standard/
Call the Police (ffs)
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Instead of just padding out your ahem.. ‘blogs’ with Facebook garbage…
How about just doing a link to the Fraud Act… or Misconduct in Public Office… or Vulnerable Adult Abuse… or your local f**king Police?
Rubbernecking Lowlife.
Reblogged this on Declaration Of Opinion .
Universal Credit has not been rolled out everywhere yet,so I am wary about this article. If this is the case re decisions being made on existing evidence, then do not phone about the new evidence, but send it in,to be signed for with a covering letter,explaining what the evidence changes in terms of the descriptors and linking it to your new symptoms and /or medication and asking for reassessment.