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IFW, IB, SDA AND ESA: SS (MISCELLANEOUS AMENDMENTS) (NO 3) REGULATIONS 2010 - Memo DMG 33/10

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Sat, 26/06/2010 - 1:29pm
John
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DMG memo's are advisory's to the DWP Decision Makers.

 

SUMMARY OF CHANGES

2 The regulations

1. amend the provision which allows a claimant to be entitled to ESA without

making a claim where they appeal a decision embodying a determination that

they do not have LCW

2. allow arrears of ESA(Y) to be offset against payment of CHB

3. change the rules for ADI increases of IB and SDA as part of the equalisation of

state pension age

4. amend the definition of medical evidence for the purposes of IfW

5. allow the DM to treat a person as capable of work, or as not having LCW, where

medical evidence ends

6. make changes to the exempt work provisions for the purposes of IfW and ESA

7. make changes to the revision and supersession rules for the purposes of

calculating payment of a component of ESA in linked PLCW cases

8.change the meaning of PLCW to exclude periods outside the time for claiming,

other than for ESA(Y) claimants

9. add ESA to the list of benefits where information supplied by a LA is used in

connection with claims or awards of specified benefits

10. amend the rules for ending the assessment phase in ESA cases

11. amend the rules for modifying the benefit year in ESA cases

12. amend the provision for treating a person as having LCW where an ESA claim

is made within 6 months of an adverse IfW determination

13. change the rules about where a WFHRA takes place

14. make changes to the good cause provisions for ESA claimants who fail to take

part in a WFI or WFHRA

15. introduce new provisions for claimants entitled to ESA after making an appeal

against a decision which embodies a determination that they do not have LCW

16. amend the rules about the effect on ESA of a temporary absence abroad

17. amend the housing costs rules

18. change the disregards for earnings and income other than earnings for ESA.

 

Click here for the full memo from the DWP website.

 

 

 

or http://www.opsi.gov.uk/si/si2010/draft/em/ukdsiem_9780111491317_en.pdf

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