No DWP-ESA decision letter-APPEAL???
Hi-in short-made online claim for CB-NS ESA in April 2023-heard nothing chased up dwp-December received dwp letter saying could not contact by phone (none given on form) so they closed claim- letter gave no further options-Jan 2024 requested statement of reasons and made a complaint. April 2024 dwp apologised and said delays unacceptable but claimed they had followed procedure. October 2024 dwp letter says that a decision letter was issued in May 2023 but as this letter was computer system generated it only stays on DWP system for 1 month so they are unable to provide a copy. From October 2024 to February 2025 chased dwp for copy of decision letter,written explanation of decision,written statement of reasons for the decision and a mandatory reconsideration of the decision.In February 2025 received dwp mandatory reconsideration notice letter that says the decision in May 2023 was unchanged and that I was not entitled to NS ESA as I had not signed a Claimant Commitment-In February 2025 I appealed to the Tribunal requesting ESA payment pending appeal and have received some papers. In the dwp response they admit that they are unable to provide a copy of their original decision of May 2023 but they then request that that the Tribunal confirms that the decision of May 2023 to close the NS ESA claim and as there was failure to attend a work focused interview with regards to Claimant Commitment as therefore there is no entitlement to NS ESA. There is no mention of ESA payment pending appeal.
I cannot see how the DWP can defend a DWP decision that they cannot provide a copy of and that they admit does not exist-Or am I missing something? Further how can the Tribunal confirm or make any judgements about the same???
Any thoughts or directions would be welcome.
Comments
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Hi,
In order to claim New Style ESA you do have to accept the Claimant Commitments. This is usually done via telephone. If you didn't provide a phone number then that explains why they refused it.
(I appreciate not everyone can use phones - I am one of those people.)
As far as I can tell, they are correct in not accepting your NS ESA claim. I'm not sure what advice you are looking for at this point. Are you eligible for Universal Credit instead?
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Thanks for reply -1 thing is certain dwp have closed my contribution based NS ESA without any Decision letter and have belatedly claimed unable to provide any copy due to dwp policy to destroy Decision letters after 1 month-unable to find any such dwp policy. DWP then requesting Tribunal to confirm the decision in their Decision letter that they admit does not exist. Should I apply for a Tribunal strike out as the DWP position is defenceless and their conduct is frivolous and vexatious??Should I not be receiving ESA pending Appeal?
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It sounds like the claim was never actually opened if you didn't confirm the Claimant Commitments or receive any payments. So for that reason, I would not expect you to receive NS ESA pending tribunal.
Personally I would let it go to tribunal and have them sort it out, rather than applying for a strike out, but that is your decision.
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Thanks for reply.Without a dwp decision letter one can only guess dwp actions. I am still concerned by dwp claim of policy to destroy decision letters after 1 month??
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Yes, that does sound strange. I haven't heard of that one before at all. I have heard of them destroying other personal information after 12 months. Perhaps someone else can advise on that part.
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Hello @Billy009
This sounds like a farcical situation from DWP from start to finish.
Definitely proceed with the appeal but go and get specialist advice from Citizens Advice or another welfare rights organisation before the appeal.
I would also do a Subject Access Request to DWP for everything that have so you can see what all their records are. Google how to do this.
I would not worry at this stage about what the DWP can provide, if you never had any letters of them - and you should have had a few within the first two weeks of opening the claim - a payment decision letter based on assessment of NIC records and letters requesting for fit notes. I presume you had no post?
However, they agree you submitted a claim because they closed it due to no WFI. The issue is correspondence on their part and previously not receiving letters has been acceptable at tribunal. They may ask what was going on between and April and December when you got in touch again with DWP.
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Thanks for the reply-the main issue is DWP alleged policy claim to be able to destroy Decision letters from their records after 1 month??Does anyone know of any such DWP policy?Further why no Payment Pending Appeal??
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Hi @Billy009
I understand how stressful all of this is.
I refer to my earlier advice on the 9th April as what to do next I'm afraid. That investigation should throw some more light on the issues at hand. From which you can then further evidence your appeal or complain to ICE.
There may be caselaw on the level of evidence where DWP does not hold a copy of a letter but does hold a ref no. for the letter type and date issued but I do not have it to hand and an SAR may answer the question anyway sooner.
No payment pending appeal - only applies to Fit for Work disallowance decisions. You haven't had a Fit for Work disallowance decision therefore you're not entitled to payment pending appeal. See more here:
If you have any more questions or updates please come back on the thread.
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I have some further questions to better be able to help @Billy009 although my earlier advice still stands r/e SAR / CAB.
You should not request a tribunal strike out as you want the tribunal to rule in your favour.
- Have you had an outcome from your MR or has the judge directed DWP to issue an MR?
- What was happening between May and December 2023?
Between the 6th April 2020 and 5th April 2022 only:
3. What was your situation with work or self employment?
4. Were you caring for someone /overseas/on tax credits?
5. If you know already what was your National Insurance record for 6th April 2020 - 5th April 2022 showing?
Since the 6th April 2022
6. What has been your situation with work or self employment or caring?
7. If you know already what was your National Insurance record since 6th April 2022?
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Thanks for the replies have been chasing matters up. Regards point 1.-DWP have issued MR January 2025 without producing copy of alleged decision letter May 2023(and other alleged letters)-Have appealed to Tribunal, Point 2-No DWP response-see below. Point 3-Was long time working then off on statutory sick pay. Point 4-No. Points 5 to7 ICE confirmed met NI contributions criteria-see below. Regards SAR-DWP and ICE admit destroying alleged DWP letters after 1 month and/or no evidence of existence of alleged DWP letters.
Further having no response from DWP to my ESA online application further chased in writing in November 2023-then made a DWP formal complaint in writing December 2023 that was further chased for a complaint response in writing repeatedly up to April 2024. As previous, DWP said delays unacceptable but claimed that procedure had been followed-no payments or any compensation awarded. Have continued to chase DWP in writing for creditable response and complained to DWP-Independent Case Examiner (ICE) in October 2024 complaining about DWP-maladministration, failure to follow proper procedures, excessive delays, service failures and poor customer service. April 2025 DWP now has written requesting bank details to make a special payment but does not provide details or amount. ICE has now reported in short saying I met the NI requirements for contribution based NSESA, that there was no evidence that a NSESAEL2 (anyone know what this is?) was sent, then claims allegedly a work coach recorded that they were unable to contact me by phone for a New Joiner Interview and sent me a letter (which they are unable to produce).The ICE then claims that a termination letter was sent (again that they are unable to produce), The ICE claims that the missing letters(that are hard copies) cannot be produced due to (system generated letters are only kept for one month).In short the ICE has adopted the false narratives of the DWP. I have checked DWP policies for the retention of benefit claim records that refers to being governed by the Public Records act, DPA act, GDPR, Civil Service Code even the DWP managing customer records 2023-2025 says that DWP compliance is the responsibility of all DWP staff, contractors, third parties and suppliers. This has not happened in my case there has been at least DWP maladministration. Instead, the ICE has not considered maladministration and other parts of my complaint but has recommended that the DWP make a payment of £50 for inconvenience. From what I have seen the ICE is not fit for purpose and certainly not independent. Is it worth chasing the ICE to review their flawed decision- in respect of maladministration as they can only make a DWP a non-compulsory recommendation in any event? And/or should I continue with a strike out application at the Tribunal? I know that there are other routes such as MP and PHSO but this has now been more than 2 years and do not want a further 2 years plus added. Still no payment pending appeal or has it been DWP addressed. Any advice for shortest outcome route welcomed.
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Two of us in this thread have confirmed that you are not entitled to any payment pending appeal.
If you meet the requirements for Universal Credit, you should apply for that as soon as possible instead.
Personally I would still advise letting the tribunal deal with this rather than applying for a strike-out, but that is your decision.
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Thanks for the reply,
Regards Payment Pending Appeal (PPA)-Please note this was my first claim for CB NSESA (ESA). Attached to my online claim was supporting medical evidence (fit notes) that clearly evidenced not fit for work. The DWP response, which is still ongoing, has been not to provide a Decision letter in response to my ESA claim. I cannot see how the DWP failure to provide a Decision letter can prevent payment of PPA.
Regards claiming Universal Credit will that not over complicate matters regards any ESA Tribunal award and claiming ESA going forward?
I note that you would not recommend the use of the Tribunal strike-out procedure.
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@Billy009
To my questions, thank you - please follow up if you can.
- Thank you, is this the first time you've received a letter from ESA?
2: What were you (not DWP) doing between May and November in connection with your ESA claim?
3: What were the figures on your P60's for the tax year ending April 2021 and April 2022?
4. Thank you
5 Do you have a letter from the independent case examiner confirming you met the NI conditions? And, have you got a copy of your NI record yourself?
Since the 6th April 2022
6. What has been your situation with work or self employment or caring?
7. If you know already, what was your National Insurance record since 6th April 2022 to the present?
If you do not do the SAR then you do not know what information is held by DWP. Please proceed to do the SAR on gov.uk. I'd advise asking for everything DWP have on you.
For your second paragraph.
Presumably DWP want bank account details to pay you £50.
Your MP may not help you as you have already filed an appeal.
Do not request a strike out.
As advised, you have not had a FFW decision therefore you are not entitled to PPA.
8 What did you write in your appeal?
For further reading to help with your appeal, have a look at
in particular posts 5 and 8
Which may help your case. Some of the arguments in the Rightsnet thread could be useful,
9 Did you have other correspondence around the time of the alleged decision letters being sent from other organisations, HMRC, DWP (other depts.), works payroll, insurers/ banks?
10 How do you manage your paperwork and organisation generally?
11 Have you moved house at any point since Jan 2023?
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Thanks-will research further.
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Claiming Universal Credit now will not cause any problems for the tribunal. ESA & UC are completely separate.
The main reasons that you would not be able to claim UC are either because of too much income or having savings above £16,000.
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