Missing deadline of 1 month for MR

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I have had two people approach me over the past couple of weeks and both did not make sure that their MR (one for PIP and the other for ESA) reached the DWP within the timeframe allowed.

Both have been refused the right to have their late MR accepted. 

There are no appeal rights for being refused by the DWP for them to accept a late MR - consequently you also then lose the right to go to a Tribunal.

For ESA this can be a major problem as you will not be able to make a new claim within 6 months unless your pre existing condition has deteriorated or a new condition arises. You can claim JSA, but the Jobcentre can refuse the claim if they believe that you are too unfit for work,

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5 Replies

  • Posted

    Hi surely if a late claim isn't accepted then a new claim can be made straight away?  I understand if the claim had been sent on time and rejected but not otherwise surely?   Also I understand that if you claim JSA instead they say that you are fit to work.

    The other option is to claim a Hardship Grant.  This is less even than benefits but it's better than nothing.  x

     

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    • Posted

      I presume that you are talking about ESA. If your late application for a MR is refused, the original claim 'dies' at the point of when the original decision was made saying that you are fit for work. As such, you would not be able to make another claim for ESA within the next 6 months, unless there is a serious deterioration of the existing condition or you are diagnosed with a totally new condition. You would have to claim JSA for those 6 months.

      As you would not be claiming JSA as a 'MR' case (waiting to go to appeal) but as a normal JSA applicant, all of the conditions of JSA would have to be fulfilled. If you fail to comply you will either be sanctioned and/or have you JSA claim closed down due to being to ill to work. You would be told to claim ESA instead, but you can't for the above reason.

       

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    • Posted

      This is what has happened to the friend who failed to get her ESA MR to the DWP on time. She has been told that she cannot claim either benefit.

      Now she is living on credit cards and handouts. 

      As for the PIP case, she is waiting to see what happens as she has put in a new claim a few weeks ago. She is hoping that it will be accepted as the PIP2 form is identical to the original one sent in 12 months ago.

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    • Posted

      Ok well she needs to apply for a Hardship Grant.  This is only around £45 a week but if she has no other income she should get this.  x
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    • Posted

      Yes that seems the only option - totally unfair but then that is the new system in trying to stop people getting on the 'magic roundabout' - claim - fail - new claim - fail etc, always being on the assessment rate, never passing the assessment and avoiding having to sign on.
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